K.Prakash @ Sudarvalavan v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Sixth day of February Two Thousand Twenty PRESENT The Hon`ble Mr Justice R.SUBBIAH and The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL MISCELLANEOUS PETITION No.12049 of 2019 IN CRL.A.NO.469 OF 2019 K.PRAKASH @ SUDARVALAVAN [ PETITIONER ] Vs STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE (L AND O), V-5, THIRUMANGALAM POLICE STATION, CHENNAI-600 101.
CR.NO.97/2008.
Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal Appeal No.469/2019 on the file of the High Court, the High Court will be pleased to suspend the sentence imposed against the petitioner on 25.07.2019 in S.C.No.5/2011 on the file of the II Additional Sessions Court, Chennai and release the petitioner on bail till the disposal of the criminal appeal No.469/2019.[CRL.MP.NO.12049/2019] Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl. Appeal No.469/2019 on the file of the High Court and upon hearing the arguments of M/S.P.PUGALENTHI, Advocate for the petitioner and of MRS.M.PRABHAVATHI ADDL.PUBLIC PROSECUTOR on behalf of the Respondent the court made the following order:- [Order of the Court was made by R.SUBBIAH, J] Petitioner/A2 along with nine others faced trial in S.C.No.5 of 2011 on the file learned II Additional Sessions Judge, Chennai. Trial Court, under judgment dated 25.07.2019, convicted the petitioner and sentenced him as follows:
Offence Sentence 147 IPC 6 months R.I. and fine of Rs.1,000/- i/d 3 months S.I.
341 r/w 149 IPC 1 month S.I.
302 r/w 149 IPC Life imprisonment and fine of Rs.2,000/- i/d 3 months S.I.
Hence, petitioner seeks suspension of sentence.
2. The case of the prosecution is that the deceased developed intimacy with the wives of A1 and A4. Angered thereby, at the instance of A1, A2 and A4, the accused committed the offence.
3. Learned counsel for petitioner/A2 submits that the only eyewitness examined by the prosecution is PW-1. Except PW-1, all other witnesses have turned hostile. Even PW-1 deposed that A1 has assaulted the deceased and he did not mention the name of petitioner/A2. While it was the evidence of PW-1 that he did not know whether all the accused committed the offence or not, the finding of conviction against petitioner/A2 is not sustainable since the same has been arrived at solely based on the evidence of PW-1. Moreover, PW-27, Doctor, who treated the deceased, deposed that he was informed by the deceased that he was attacked only by one unknown person.
4. Learned counsel for petitioner further submits that the petitioner is presently confined at Central Prison I, Puzhal, Chennai. There are several infirmities and inconsistencies found in the prosecution case. It is contended that there are contradictions in the material particulars between the evidence of the prosecution witnesses. Submitting as above, learned counsel prays this Court to suspend the sentence passed against the petitioner/A2.
5. Learned Additional Public Prosecutor vehemently opposes to grant suspension of sentence to the petitioner.
6. Considering the facts and circumstances of the case as also taking into consideration that there are several infirmities in the prosecution case and there are arguable points involved in the appeal, as contended by learned counsel for petitioner/A2 and further the appeal is not likely to be taken up for final hearing in the near future, this Court is of the considered view that the petitioner/A2 herein is entitled to the relief of grant of suspension of sentence. Accordingly, the substantive sentence of imprisonment alone is suspended and the petitioner/A2 is directed to be enlarged on bail on condition that the petitioner/A2 shall execute a bond in a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a
like sum to the satisfaction of the learned II Additional Sessions Judge, Chennai and on further condition that the petitioner shall appear before the said Court on the first working day of every month at 10.30 a.m. pending appeal.
-sd/- 06/02/2020 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 II ADDITIONAL SESSIONS JUDGE,CHENNAI 2 THE SUPERINTENDENT, CENTRAL PRISON-I, PUZHAL,CHENNAI-66 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE (L AND O), V-5, THIRUMANGALAM POLICE STATION, CHENNAI-600 101.
+1 C.C. to M/S.P.PUGALENTHI Advocate on payment of necessary charges SR.NO. 2291 Order in CRL MP.12049/2019 IN CRL.A.NO.469 OF 2019 Date :06/02/2020 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RD 07/02/2020