Kumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2022

CORAM

THE HONOURABLE Mr. JUSTICE P.N.PRAKASH AND THE HONOURABLE Mr. JUSTICE A.A.NAKKIRAN Crl.M.P.No.1695 of 2022 IN Crl.A.No.525 of 2021 Kumar .. Petitioner/Accused Vs.

State rep. by The Inspector of Police, Mayiladuthurai Police Station, Mayiladuthurai District (Crime No.297 of 2016) .. Respondent/Complainant Criminal Miscellaneous Petition filed under Section 389 Cr.P.C., to suspend the sentence imposed on the petitioner by judgment and order dated 23.09.2021 passed in S.C.No.45 of 2017 by the Sessions Judge, Nagapattinam and to enlarge the petitioner on bail pending disposal of the appeal.

For petitioner : Mr.V.Parthiban for Mr.S.Conscious Ilango For Respondent : Mr.R.Muniyapparaj Additional Public Prosecutor

ORDER

(Order of the Court was made by P.N.PRAKASH, J.) This criminal miscellaneous petition has been filed seeking to suspend the sentence imposed on the petitioner by judgment and order dated 23.09.2021 passed in S.C.No.45 of 2017 by the Sessions Judge, Nagapattinam and to enlarge the petitioner on bail pending disposal of the appeal.

2.

The petitioner/accused has been convicted and sentenced in S.C.No.45 of 2017 on 23.09.2021 by the Sessions Court, Nagapattinam as under :

Provision under which convicted Sentence Section 302 IPC Imprisonment for life and fine of Rs.1,000/-, in default to undergo 3 months simple imprisonment

3. Challenging the above conviction and sentence, the petitioner/accused has filed Crl.A.No.525 of 2021 along with the instant criminal miscellaneous petition seeking suspension of sentence and bail.

4. Heard Mr.V.Parthiban, learned counsel representing Mr.S.Conscious Ilango, learned counsel on record for the petitioner and Mr.R.Muniyapparaj, learned Additional Public Prosecutor appearing for the respondent/State.

5. It is the case of the prosecution that the deceased had spoken ill about the wife of the petitioner, on account of which, a quarrel ensued on 11.05.2016 between the petitioner and the deceased viz., Saravanan, after which, it is alleged that the petitioner attacked Saravanan and caused his death.

6. Mr.V.Parthiban took this Court through the evidence of the Investigating Officer, wherein, the Investigating Officer has admitted that the petitioner had also sustained injuries in the quarrel.

7. Mr.R.Muniyapparaj submitted that apart from the present case, there is no case against the petitioner.

8. The petitioner has raised substantial grounds in the appeal, which require detailed appraisal. Moreover, the petitioner has been in incarceration since 23.09.2021. In such view of the matter, this Court is of the view that the petitioner is entitled to the relief of suspension of sentence and bail.

9. Accordingly, this criminal miscellaneous petition stands allowed and the sentence of imprisonment is suspended and bail is granted to the petitioner/accused on the following conditions:

(i) The petitioner/accused shall be released on bail on he executing a bond for a sum of Rs.25,000/-, with two sureties, of whom, one should be a blood relative, each for a like sum to the satisfaction of the Sessions Court, Nagapattinam ;

(ii) The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain their mobile number, a copy of their Aadhaar card or Bank pass book to ensure their identity; and (iii) The petitioner/accused shall appear before the trial Court on the first working day of every month at 10.30 a.m. until the disposal of the appeal and if he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court.

-sd/- 28/04/2022 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 SESSIONS JUDGE NAGAPATTINAM.

2 THE INSPECTOR OF POLICE, MAYILADUTHURAI POLICE STATION, NAGAPATTINAM DISTRICT 3 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 C.C. to M/S. S.CONSCIOUS ILANGO Advocate on payment of necessary charges SR.NO.6431 Order in CRL MP.1695/2022 in CRL A.525/2021 Date :28/04/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format JPA 29/04/2022