Shankar v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.06.2024
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI in Crl.A.No.329 of 2024 Shankar
...Petitioner
Vs.
The State rep. By the Inspector of Police, Kalambur Police Station, Tiruvannamalai (Crime No.240 of 2013)
...Respondent
Prayer: Miscellaneous Petition has been filed under Section 389(1) of Cr.P.C., to suspend the sentence imposed in Sessions Case No.52 of 2019 dated 29.02.2024 passed by the Hon'ble Additional District Court (FTC), Arani and to enlarge the petitioner on bail. For Petitioner : Mr.John Sathyan Senior Counsel for Mr.K.V.Muthu Visakan For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor
ORDER
This Criminal Miscellaneous petition has been filed to suspend the sentence of imprisonment imposed on the petitioner herein in S.C.No. 52 Page No:1/6
of 2019 dated 29.02.2024 on the file of the learned Additional District Court (FTC), Arani.
2. The petitioner is in jail for nearly 4 months and the trial Court has convicted the petitioner and sentenced him to undergo rigorous imprisonment for ten years with a fine of Rs.5000/- in default of payment of fine, to undergo rigorous imprisonment for two year under Section 304(ii) of IPC.
3.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. 4.The case of the prosecution is that on 28.09.2023 at about 07.00 a.m., the victim minor girl aged about 4.5 years was fell down into the abandoned unclosed borewell and the petitioner/A1 is the Co-owner of the land in which the borewell was located. However, A2 and A3 are driller and owner of borewell lorry and they were implicated for the offence punishable under Section 304(ii) of IPC and the case ended in Page No:2/6
acquittal. The Trial Court has not awarded any compensation under Section 357 of Cr.P.C.
5. Learned counsel appearing for the petitioner submitted that the petitioner without prejudice to his rights in this appeal is ready to pay a sum of Rs.5,00,000/- as compensation to the mother of the victim girl and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.
6. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent.
7. Considering the fact that the petitioner is willing to pay a sum of Rs.5,00,000/- as compensation to the mother of the victim girl and also considering the period of incarceration of the petitioner, this Court is inclined to grant bail to the petitioner. Accordingly, petitioner is ordered to be released on bail subject to the following conditions: Page No:3/6
(i) the petitioner is directed to draw a Demand Draft for a sum of Rs.5,00,000/- (Rupees five lakhs only) in favour of the mother of victim girl (P.W.1-Malarkodi).
(ii). The petitioner shall produce the receipt of payment and execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties, each for a like sum to the satisfaction of the learned Additional District Court (FTC), Arani. (iii)the petitioner shall appear before the respondent police weekly once i.e. First working day of every month at 10.30 a.m. until further orders;
11.06.2024 msv Note to office: Issue order copy on 11.06.2024 Index : Yes/No Speaking Order : Yes/No NCC : Yes/No Page No:4/6
To
1. The Additional District Court (FTC), Arani.
2. The Superintendent, Vellore Prison.
3.Inspector of Police, Kalambur Police Station, Tiruvannamalai 4.The Public Prosecutor, High Court of Madras, Chennai - 600 104.
Page No:5/6
M.DHANDAPANI , J.
msv in Crl.A.No.329 of 2024 11.06.2024 Page No:6/6