Nepoleon @ Nedunchezhiyan v. The State Repby
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 06.05.2021
CORAM:
THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN Crl.MP.No.5678 of 2021 and Crl.A. No.234 of 2021 1.Nepoleon @ Nedunchezhiyan 2.Selvam 3.Rajadurai 4.Sekar 5.Kumar ... Petitioners -Vs1.State by The Deputy Superintendent of Police, Attur Sub Division, (Veeraganur Police Station), Salem District.
Crime No.149 of 2014.
2.Parameswaran ... Respondents Criminal Miscellaneous Petition is filed under Section 389
(1) of Cr.P.C. to suspend the sentence imposed in the judgment dated 14.12.2020 passed in S.C.No.141 of 2015 on the file of Principal Sessions Judge, Salem (Special Judge for Scheduled and Scheduled Tribes (Prevention of Atrocities) Act, 1989, release the petitioners on bail until disposal of the above appeal. For Petitioners : Mr.P.Jagadeesan For Respondents : Ms.Saradha Devi Government Advocate (Crl.Side) for R2
ORDER
The petitioners figured as accused No.1 to 5 in S.C.No.141 of 2015 on the file of learned Principal Sessions Judge, Salem (Special Judge for Scheduled and Scheduled Tribes (Prevention of Atrocities) Act, 1989. By the impugned judgment dated 14.12.2020, the trial court convicted the petitioners for the offence following offences :
1st Accused No.1 Sections 147, 294 (b), 323 (2 counts), 324 r/w 149 (2 counts) IPC and Section 3(1)(r) (2 counts), 3(1)(s) (2 counts) and 3(2)(va) of SC/ST (POA) Act as amended under the Ordinance, 2014.
two years for the offence under Section 147 IPC.
IPC (two counts).
2nd Accused No.2 Section 148, 294(b), 323 r/w 149 (2 counts), (2 counts) IPC and Section 3(1)(r) (2 counts), 3(1)(s) (2 counts) and 3(2)(va) of SC/ST (POA) Act as amended under the Ordinance, 2014.
three years for the offence under Section 148 IPC.
3rd petitioner/ Accused No.3 Section 148, 294(b), 323 (2 counts), 324 (2 counts) IPC and Section 3(1)(r) (2 counts), 3(1)(s) (2 counts) and 3(2)(va) of SC/ST (POA) Act as amended under the Ordinance, 2014.
three years for the offence under Section 148 IPC.
two years for the offence under Section 324 IPC.
two years for the offence under Section 324 r/w 149 IPC.
(h) To undergo rigorous
4th Accused No.4 Section 147, 294(b), 323 (2 counts), 324 r/w 149 (2 counts) IPC and Section 3(1) (r) (2 counts), 3(1) (s) (2 counts) and 3 (2)(va) of SC/ST (POA) Act as amended under the Ordinance, 2014.
two years for the offence under Section 147 IPC.
5th Accused No.5 Section 147, 294(b), 323 (2 counts), 324 r/w 149 (2 counts) IPC and Section 3(1) (r) (2 counts), 3(1) (s) (2 counts) and 3 (2)(va) of SC/ST (POA) Act as amended under the Ordinance, 2014.
two years for the offence under Section 147 IPC.
Ordinance, 2014 (two counts).
Challenging the judgment passed in S.C.No.141 of 2015 dated 14.12.2020 on the file of the learned Principal Sessions Judge, Salem (Special Judge for Scheduled and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the petitioners have filed the above miscellaneous petition seeking suspension of substantive sentence of imprisonment.
2. Heard the learned counsel for the petitioners.
3. The learned Additional Public Prosecutor submitted that the Court below has appreciated the entire evidence and has given elaborate reasons for convicting and sentencing the petitioners.
4. There are arguable points which requires a consideration in the appeal and the appeal cannot be taken up for hearing in the near future. Therefore, this Court is inclined to suspend the sentence imposed by the Court below.
5. The sentence imposed by the Court below vide Judgment made in S.C.No.141 of 2015 dated 14.12.2020 on the file of learned Principal Sessions Judge, Salem (Special Judge for Scheduled and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is hereby suspended on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties each for a like sum to the satisfaction of the learned Principal Sessions Judge, Salem (Special Judge for Scheduled and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
6. Accordingly, this petition is ordered.
-sd/- 06/05/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE PRINCIPAL SESSIONS JUDGE, SALEM (SPECIAL JUDGE FOR SCHEDULED AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 THE DEPUTY SUPERINTENDENT OF POLICE, ATTUR SUB-DIVISION, (VEERAGANUR POLICE STATION), SALEM DISTRICT.
C.C. to M/S.P.JAGADEESAN Advocate on payment of necessary charges Order in CRL.MP.NO.5678/2021 in CRL.A.NO.234/2021 Date :06/05/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MK:29/06/2021