IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.04.2022

CORAM:

THE HON'BLE MR.JUSTICE R.PONGIAPPAN

Crl.M.P.No.2485 of 2022

in

Crl.A.No.196 of 2022

1.Renganathan

2.Parattai Subramani

...Petitioners/A2 & 3

Vs.

The State rep. by

Inspector of Police,

Sirumugai Police Station,

Coimbatore District

(crime No.266 of 2014)

... Respondent

PRAYER: Criminal Miscellaneous Petition filed under Section 374(2) of

Cr.P.C to suspend the sentence of imprisonment imposed by the learned

Sessions Judge, Sessions Court for Trial and Bomb Blast Cases,

Coimbatore in S.C.No.170 of 2017 dated 03.12.2021 and enlarge the

petitioner on bail pending disposal of Crl.A.No.196 of 2022

For Petitioners

: Mr.K.Arul

For Respondent : Mr.Leonard Arul Joseph Selvam,

Government Advocate (crl.side)

O R D E R

This Criminal Miscellaneous Petition has been filed by the

petitioners/A2 & 3, seeking to suspend the sentence of imprisonment

imposed upon him in S.C.No.170 of 2017 dated 03.12.2021 by the learned

Sessions Judge, Sessions Court for Trial and Bomb Blast Cases,

Coimbatore and enlarge the petitioners on bail pending disposal of the

above criminal appeal.

2.

The petitioners herein are the accused 2 & 3 in S.C.No.170

of 2017 on the file of the learned Sessions Judge, Sessions Court for

Trial and Bomb Blast Cases, Coimbatore. They were found guilty of the

offence under Sections 326 & 324 of IPC respectively and they have

been convicted and sentenced as under:

https://hcservices.ecourts.gov.in/hcservices/

Accused

No.

Conviction

Sentence

2

Section 326 of IPC

to undergo rigorous imprisonment

for a period of three years and to

pay a fine of Rs.10,000/-, in

default

to

undergo

rigorous

imprisonment for a period of one

year

3

Section 324 of IPC

to undergo rigorous imprisonment

for a period of two years and to

pay a fine of Rs.5,000/-, in

default

to

undergo

rigorous

imprisonment for a period of six

months

Aggrieved over the same, the present appeal has been filed along with

the instant miscellaneous petition seeking suspension of sentence and

bail.

3.

According to the learned counsel for the petitioners/A2&3,

there are arguable points available in the Criminal Appeal and the

petitioners/A2 & 3 have got a fair chance of succeeding in the

Criminal Appeal and hence, the substantive sentence imposed against

the Petitioners/A2&3 may be suspended. He would submit that the

petitioners/ accused 2 & 3 surrendered before the trial court and they

were remanded to judicial custody on 17.03.2022.

4.

Per contra, the learned Government Advocate (Criminal Side)

appearing for the respondent/State raised serious objection for

allowing the petition. Further, he would contend that the evidences

recorded from the prosecution witnesses would prove the case of the

prosecution beyond reasonable doubt. According to him, interference of

this Court is not necessary in the findings arrived at by the trial

Court.

5.

Heard the learned counsel appearing on either side and also

perused the materials placed on record.

6.

Considering the facts and circumstances of the case, also

considering the submissions of the learned counsel for the petitioners

and the learned Government Advocate (crl.side) appearing for the

respondent police, further this criminal appeal is not likely to be

taken for final hearing in the near future, this Court is of the view

that the substantive sentence of imprisonment alone can be suspended

on certain conditions. Accordingly, till the disposal of the Criminal

Appeal, the reliefs of suspension of sentence and bail are granted on

the following conditions:

https://hcservices.ecourts.gov.in/hcservices/

(a) The petitioners/A2&3 are ordered to be released on bail, on

their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five

Thousand only) (each) with two sureties each for a like sum to the

satisfaction of the learned Sessions Judge, Sessions