Murugan, M/A.36 Years v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Fourth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr Justice P. N. PRAKASH CRIMINAL MISCELLANEOUS PETITION No.14697 of 2017 IN CRL A.420/2017 MURUGAN [ PETITIONER / APPELLANT ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, GOUNDAPADI POLICE STATION, GOUNDAMPADI, ERODE DISTRICT.

(CRIME NO.232/2015).

Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in CRL A.420/2017 on the file of the High Court, the High Court will be pleased to enlarge the petitioner on bail by suspending the sentence imposed in S.C.No.168/2015 dated 25/04/2016 on the file of III Additional District and Sessions Court, Gopichetipalayam pending disposal of the above CRL A.420/2017 [IN CRL.MP.NO.14697 OF 2017] Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in CRL A.420/2017 on the file of the High Court and upon hearing the arguments of M/S.T.MURUGANANTHAM, Advocate for the petitioner and of MR.K.MATHAN, Govt. Advocate ( Crl. Side) on behalf of the Respondent the court made the following order:- The case of the prosecution is that the accused was engaged by the deceased to clean his room and that an altercation ensued between the accused and the deceased on 02.07.2015, in which, the accused is said to have hit the deceased with a reaper, on account of which, the deceased succumbed to injuries. 2.

The accused was tried for an offence punishable under Sec.302 IPC in S.C.No.168 of 2015 and the learned III Additional District and Sessions Judge, Gopichettipalayam convicted the accused on 25.04.2016 under Sec.304 Part I IPC and sentenced him to undergo ten years rigorous imprisonment and to pay a fine of Rs.5,000/-, in default, to undergo three months simple imprisonment. 3.

It is seen that the deceased was 90 years of age on the date of occurrence and that on account of wage dispute, the accused

is said to have attacked he deceased.

4.

The case of the accused is that the trial Court has not properly appreciated the evidence of Vellingiri/P.W.1, who was the only witness, who is said to have been present near the place of occurrence.

5.

Heard the learned Additional Public Prosecutor and perused the materials available on record.

6.

Admittedly, the accused is in incarceration from 02.07.2015 till today and taking note of the fact that the likelihood of not taking up the appeal for hearing in the near future and there are arguable points in favour of the petitioner, this Court is inclined to suspend the sentence. 7.

Accordingly, substantive sentence of imprisonment alone is suspended and the petitioner is ordered to be released on bail on his executing 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 Judicial Magistrate No.II, Gopichettipalayam and on further condition that:

(i) the learned Magistrate shall not accept the surety bond without payment of fine amount of Rs.5,000/-; (ii) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Judicial Magistrate No.II, Gopichettipalayam may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

(iii) the petitioner shall appear before the trial Court at 10.30 a.m on the first working day of every month till the disposal of the appeal.

(iv) If the petitioner is not able to appear on any particular date, he may file a petition under Sec.317 of Criminal Procedure Code through his counsel for condoning his absence and shall appear before the trial Court on another date, in lieu of the date of his absence.

-sd/- 04/12/2017 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 JUDICIAL MAGISTRATE, NO.II, GOPICHETTIPALAYAM.

2 THE CHIEF JUDICIAL MAGISTRATE ERODE [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, GOUNDAPADI POLICE STATION, GOUNDAMPADI, ERODE DISTRICT.

5 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

+1C.C. to M/S.T.MURUGANANTHAM Advocate on payment of necessary charges SR NO.22186 Order in CRL MP.14697/2017 in CRL A.420/2017 Date :04/12/2017 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MK:07/12/2017