Murugan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.11.2021

CORAM

THE HONOURABLE MR. JUSTICE P.N.PRAKASH AND THE HONOURABLE MRS. JUSTICE R.HEMALATHA Crl.M.P.No.10829 of 2021 in Crl.A.No.111 of 2019 Murugan .. Petitioner/Accused Vs.

State represented by The Inspector of Police, Jolarpet Police Station, Vellore District.

(Crime No.206 of 2016) .. Respondent/Complainant Criminal Miscellaneous Petition filed under Section 389(1) of Cr.P.C., to suspend the sentence imposed on the petitioner by judgment and order dated 12.02.2019 passed in S.C.No.66 of 2017 on the file of the II Additional District and Sessions Court, Vellore District and to enlarge the petitioner on bail pending disposal of the appeal. For Petitioner : Mr.E.Kannadasan For Respondent : Mr.R.Muniyapparaj Govt. Advocate (Crl.Side)

O R D E R

(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 12.02.2019 passed in S.C.No.66 of 2017 on the file of the III Additional District and Sessions Court, Vellore District and to enlarge the petitioner on bail pending disposal of the appeal. 2.

The petitioner, who was an accused in S.C.No.66 of 2017 before the III Additional District and Sessions Court, Vellore, was

convicted and sentenced as follows on 12.02.2019: S.No.

Provision under which convicted Sentence Section 341 IPC One month simple imprisonment.

Section 302 IPC Life imprisonment and fine of Rs.1,000/-, in default to undergo three months simple imprisonment.

Section 397 IPC Seven years rigorous imprisonment.

Three years rigorous imprisonment and fine of Rs.500/-, in default to undergo three months simple imprisonment.

Section 201 r/w 302 IPC The aforesaid sentences are ordered to run concurrently. 3.

Challenging the above conviction and sentences, the petitioner has filed Crl.A.No.111 of 2019 along with the instant miscellaneous petition seeking suspension of sentence and bail. 4.Heard Mr.E.Kannadasan, learned counsel 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 petitioner herein along with one Sasikumar (juvenile) had picked up a quarrel with the deceased Sathiyamoorthi and is said to have assaulted him with a wooden log on 01.04.2016 and had caused his death. It is reported that Sasikumar (juvenile), who was also arrayed as an accused, has died. 6.The petitioner has raised substantial grounds in the appeal, which require detailed appraisal. Moreover, the petitioner has been in incarceration from 12.02.2019. Further, the appeal is not likely to be taken up in the near future. 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.

7.Accordingly, this criminal miscellaneous petition stands allowed and the sentence of imprisonment is suspended and bail is granted to the petitioner on the following conditions: (i) The petitioner shall execute 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 III Additional District and Sessions Court, Vellore District;

(ii) The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; and (iii) The petitioner shall appear before the respondent/police everyday at 10.30 a.m. for a period of four weeks and thereafter, the petitioner 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/- 10/11/2021 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 III ADDITIONAL DISTRICT SESSIONS JUDGE, VELLORE DISTRICT 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 INSPECTOR OF POLICE, JOLARPET POLICE STATION, VELLORE DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 C.C. to M/S. E.KANNADASAN Advocate on payment of necessary charges SR.No.12604 Order in CRL MP.10829/2021 in Crl.A.No.111/2019 Date :10/11/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format APN 12/11/2021