Nagarajan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 08.08.2024

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Nagarajan ..

Appellant/Accused No.1

Versus

State represented by The Inspector of Police, Poraiyar Police Station, Mayiladuthurai District.

(Crime No.102 of 2019) ..

Respondent Prayer:-Civil Miscellaneous Petition filed under Section 389[1] of Cr.P.C., to suspend the sentence made in Sessions Case No.136 of 2019 on the file of the Additional District and Sessions Judge, Mayiladuthurai dated 28.09.2022 and grant bail to the petitioner/accused No.1 pending disposal of the criminal appeal.

For Petitioner : Mr.D.Veerasekharan For Respondent : Mr.S.Raja Kumar

Additional Public Prosecutor

ORDER

[Order of the Court was made by S.M.SUBRAMANIAM, J.] This criminal miscellaneous petition has been filed seeking to suspend the sentence imposed on the petitioner vide judgement and order dated 28.09.2022 in SC.No.136/2019 on the file of the Additional District and Sessions Judge, Mayiladuthurai and to enlarge the petitioner on bail pending disposal of the appeal.

2.

The petitioner/A1 found guilty under Sections 294 (b) and 302 of IPC and convicted and sentenced as follows: Offence under Section Sentence imposed Under Section 294(b) of IPC Convicted and imposed a fine of Rs.1,000/- in default of payment of fine one month rigorous imprisonment.

302 of IPC Convicted and sentenced to life imprisonment along with fine of Rs.10,000/-. In default of payment of fine six more month rigorous imprisonment under Section 235(2) of Cr.P.C.

The imprisonment shall run concurrently

3.

The evidence of P.W.1 and P.W.2 corroborates and the nature of injury inflicted on the deceased by the petitioner/A1 had been narrated cogently. The said evidence of the eyewitnesses corroborate with the evidence of P.W.11/Doctor. The post-mortem report/Ex.P.6 also reveals the same fact.

4.

When the evidences, post-mortem report and the Doctor's evidence corroborates and consistent, we do not find any reason to grant suspension of sentence. Consequently, this Miscellaneous Petition stands dismissed.

[S.M.S., J.] [V.S.G., J.] 08.08.2024 veda Internet: Yes

To 1.The Additional District and Sessions Court, Mayiladuthurai.

2. The Inspector of Police, Poraiyar Police Station, Mayiladuthurai District.

3.The Central Prison, Trichy.

4.The Additional Public Prosecutor, Madras High Court, Chennai - 600 104.

S.M.SUBRAMANIAM, J.

and V.SIVAGNANAM, J.

veda 08.08.2024