Ealiya v. The 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 Ealiya ..

Appellant/3rd accused

Versus

The State represented by The Inspector of Police, B-2, Esplanade Police Station.

Cr.No.7 of 2021.

..

Respondent/Complainant Prayer:-Civil Miscellaneous Petition filed under Section 389[1] of Cr.P.C., to suspend of the sentence passed in S.C.No.276 of 2021 by the learned I Additional Sessions Judge, City Civil Court at Chennai by its Judgment dated 03.10.2023 and enlarge the petitioner on bail, pending disposal of the above criminal appeal.

For Petitioner : Ms.E.Yukshitha for M/s.G.M.Gokulram 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 03.10.2023 passed in S.C.No.276 of 2021 on the file of the learned I Additional Sessions Judge, City Civil Court at Chennai and to enlarge the petitioner on bail pending disposal of the appeal. 2.

The petitioner/A3 was found guilty of the charges under Sections 341, 302 and 506 (ii) of IPC and he was convicted and sentenced as follows:

Offence under Section Sentence imposed Section 341 r/w 34 of IPC undergo simple imprisonment for a period of one month and to pay a fine of Rs.500/-. In default of payment

of fine, he shall further undergo simple imprisonment for a period of one week.

Section 302 r/w 34 of IPC undergo rigorous imprisonment for life and to pay a fine of Rs.2,000/-. In default of payment of fine, he shall further undergo simple imprisonment for a period of 3 years.

Section 506 (ii) r/w 34 of IPC undergo rigorous imprisonment for one year and to pay a fine of Rs.1000/-. In default of payment of fine, he shall further undergo simple imprisonment for a period of three months.

3.

The evidence of P.W.1, PW.2 & P.W.3 eyewitnesses are cogent and reveals the presence of petitioner/A3 in the seen of occurrence along with A1 and A2. The deposition of P.W.4 also corroborates and he identified the petitioner/A3. Ex.P.10 is the photographs and CD of seen of crime, which also throws some light on the seen of occurrence and support the evidence of other witnesses.

4.

Thus, the petitioner has not made out any prima facie case for

granting suspension of sentence and consequently, this Miscellaneous Petition stands dismissed.

[S.M.S., J.] [V.S.G., J.] 08.08.2024 veda Internet: Yes 1.The I Additional Sessions Judge, City Civil Court at Chennai.

2. The Inspector of Police, B-2, Esplanade Police Station.

3.The Central Prison, Puzhal, Chennai.

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

S.M.SUBRAMANIAM, J.

and V.SIVAGNANAM, J.

veda 08.08.2024