IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.03.2022

CORAM:

THE HON'BLE MR.JUSTICE R.PONGIAPPAN

Crl.M.P.Nos.2577 & 2578 of 2022

in

Crl.RC.No.259 of 2022

K.Dhandapani

...

Petitioner/A3

Vs.

State by its

Deputy Superintendent of Police,

CCIW Police,

Krishnagiri,

Krishnagiri District

(Cr.No.1 of 2005)

... Respondent

PRAYER: Criminal Miscellaneous Petitions filed under Section 397 (1)

r/w 439 & 482 of Cr.P.C to suspend the sentence imposed upon the

petitioner in CA.No.46 of 2018 by judgment dated 30.11.2021 by the

District and Sessions Judge, Krishnagiri by confirming the judgment

and sentence passed in CC.No.104 of 2007 dated 28.08.2018 passed by

the Judicial Magistrate, Uthangarai and enlarge the petitioner on bail

pending disposal of the above revision petition and to exempt the

petitioner from surrendering.

For Petitioner : Mr.K.G.Senthilkumar

For Respondent : Mr.Leonard Arul Joseph Selvam,

Government Advocate (crl.side)

COMMON ORDER

These Criminal Miscellaneous Petitions have been filed by the

petitioner/A3, seeking suspension of sentence imposed upon the

petitioner in CA.No.46 of 2018 by judgment dated 30.11.2021 by the

District and Sessions Judge, Krishnagiri by confirming the judgment

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

and sentence passed in CC.No.104 of 2007 dated 28.08.2018 passed by

the Judicial Magistrate, Uthangarai and enlarge the petitioner on bail

pending disposal of the above revision petition and seeking to exempt

the petitioner from surrendering before the trial court.

2.

The petitioner herein is the third accused in CC.No.104 of

2007 on the file of the learned Judicial Magistrate, Uthangarai,

Krishnagiri District. He was found guilty of the offence under

Sections 408 and 477A of IPC and he has been convicted and sentenced

as under:

S.No.

Conviction

Sentence

1

Section 408 of IPC

to undergo a simple imprisonment for a

period of one year and to pay a fine

of Rs.2,500/-, in default to undergo 4

weeks simple imprisonment

2

Section 477A of IPC

to undergo a simple imprisonment for a

period of one year and to pay

compensation of Rs.1,00,000/- to the

District Central Co-operative Bank,

Uthangarai Branch within a period of

12 months.

Aggrieved against the same, the petitioner had filed appeal in

CA.No.46 of 2018 and the learned District and Sessions Court,

Krishnagiri, Krishnagiri District by judgment dated 30.11.2021 had

dismissed the appeal and confirmed the conviction and sentence,

against which the present revision has been filed.

3.

According to the learned counsel for the petitioner/A3,

there are arguable points available in the Criminal Revision Case and

the petitioner/A3 has got a fair chance of succeeding in the Criminal

Revision Case and hence, the substantive sentence imposed against the

Petitioner/A3 may be suspended and the petitioner may be exempted from

surrendering before the Trial Court.

4.

Per contra, the learned Government Advocate (Criminal Side)

appearing for the respondent/State raised serious objection for

allowing this 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.

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

6.

Considering the facts and circumstances of the case, also

considering the submissions of the learned counsel for the petitioner

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

respondent police, further this revision 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, ti