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2016 DIGILAW 137 (MAD)

A. Vaigundaraja v. State rep. by The Sub Inspector Of Police Kanyakumari Police Station, Kanyakumari District

2016-01-11

M.VENUGOPAL

body2016
JUDGMENT : 1. This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/s M. Suri, Advocate for the petitioner and of Mr. P. Kandasamy, Government Advocate (Crl.Side) on behalf of the Respondent the court made the following order:- Heard both sides. 2. The Petitioner/Revision Petitioner/Accused has preferred the instant Criminal Revision Petition as against the judgment, dated 20.10.2015 in C.A. No. 84 of 2010, passed by the Learned Mahila Fast Track Court Judge, Nagercoil. 3. It comes to be known that the Petitioner/Revision Petitioner/Accused was found guilty by the trial Court in C.C. No. 187 of 2008 under Sections 457 and 380 of IPC. In respect of the offence under Sections 457 and 380 of IPC, he was awarded with six months Rigorous Imprisonment and was also imposed with a fine of Rs.200/- each, in default of payment of fine amount, he was further directed to undergo one month Simple Imprisonment each. 4. The Petitioner/Revision Petitioner/Accused being dissatisfied with the Judgement in C.C. No. 187 of 2008 passed by the trial Court, dated 30.09.2010, filed an Appeal in C.A. No. 84 of 2010, on the file of the Learned Mahila Fast Track Court Judge, Nagercoil, as an aggrieved person and the appellate Court confirmed the Judgement of the trial Court. The Petitioner/Revision Petitioner/Accused has now preferred the present Criminal Revision Petition before this Court, assailing the correctness, legality and validity of the Judgment, dated 20.10.2015 in C.A. No. 84 of 2010 passed by the Learned Mahila Fast Track Court Judge, Nagercoil. 5. Be it noted that filing of 'Revision Petition' by an individual/accused is a procedural facility offered to him as envisaged under the Code of Criminal Procedure. In fact, the Petitioner/Revision Petitioner/Accused has exercised his right of preferring the present Criminal Revision Petition before this Court. 6. It is represented on behalf of the Petitioner/Revision Petitioner/Accused that the Petitioner/Revision Petitioner/Accused had surrendered before the Learned Judicial Magistrate No.I, Nagercoil on 8.1.2016 and is in duress till now. 7. At this juncture, this Court has perused the numerous grounds raised by the Petitioner/Revision Petitioner/Accused in the 'Memorandum of Grounds of Revision' and is of the earnest view that the Petitioner/Revision Petitioner/Accused has raised some arguable/substantial points which are to be looked into and determined by this Court at the time of disposal of the main Revision Petition. 8. 7. At this juncture, this Court has perused the numerous grounds raised by the Petitioner/Revision Petitioner/Accused in the 'Memorandum of Grounds of Revision' and is of the earnest view that the Petitioner/Revision Petitioner/Accused has raised some arguable/substantial points which are to be looked into and determined by this Court at the time of disposal of the main Revision Petition. 8. Inasmuch as the Petitioner/Revision Petitioner/Accused has exercised his right by preferring the Criminal Revision Petition and also this Court bearing in mind another fact that the present Criminal Revision Petition is not likely to be heard in the near future, at this stage, this Court is inclined to suspend the substantial sentence of imprisonment alone and orders the release of the Petitioner/Revision Petitioner/Accused on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like-sum to the satisfaction of the Learned Judicial Magistrate No.I, Nagercoil and on further condition that the Petitioner/Revision Petitioner/Accused shall appear before the said Court on the first working day of every English Calendar month at 11.30 a.m., without fail, till the disposal of the Criminal Revision Petition. 9. This Miscellaneous Petition is ordered accordingly.