Elaiarasan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2022

CORAM

THE HONOURABLE MR. JUSTICE P.N.PRAKASH AND THE HONOURABLE MRS. JUSTICE R.HEMALATHA Crl.M.P.No.13837 of 2021 in Crl.A.No.522 of 2020 Elaiarasan ..

Petitioner/Accused No.1 Vs.

State represented by The Inspector of Police, Yethapur Police Station, Salem District.

(Crime No.89/2018) ..

Respondent/Complainant Criminal Miscellaneous Petition filed under Section 389 (2) Cr.P.C., to suspend the sentence imposed on the petitioner by judgment and order dated 08.10.2020 passed in S.C.No.428 of 2018 on the file of the I Additional District and Sessions Court, Salem and to enlarge the petitioner on bail pending disposal of the appeal. For petitioner : Mr.M.G.Udayashankar For Respondent : Mr.R.Muniyapparaj Additional Public Prosecutor

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 08.10.2020 passed in S.C.No.428 of 2018 on the file of the I Additional District and Sessions Court, Salem and to enlarge the petitioner on bail pending disposal of the appeal. 2.

The petitioner faced trial along with four other accused in S.C.No.428 of 2018 before the I Additional District and Sessions Court, Salem, in which, accused 2 to 5 were acquitted, but, the petitioner (A1) alone was convicted and sentenced as follows on 08.10.2020:

S.No.

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

Section 307 IPC Ten years rigorous imprisonment and fine of Rs.2,000/-, in default to undergo six months simple imprisonment.

Section 302 IPC Life imprisonment and fine of Rs.5,000/-, in default to undergo six months simple imprisonment.

The aforesaid sentences were ordered to run concurrently. 3.

Challenging the above conviction and sentences, the petitioner (A1) has filed Crl.A.No.522 of 2020 along with the instant miscellaneous petition seeking suspension of sentence and bail. 4.

Heard Mr.M.G.Udayashankar, learned counsel for the petitioner (A1) and Mr.R.Muniyapparaj, learned Additional Public Prosecutor appearing for the respondent/State. 5.This is the second petition seeking suspension of sentence and bail and the first petition in Crl.M.P.No.8497 of 2020 in Crl.A.No.522 of 2020 was dismissed as withdrawn on 23.06.2021. 6.It is the case of the prosecution that the deceased Balasubramaniam objected to the accused for consuming liquor in a temple, on account of which, a quarrel ensued between them. It is alleged that the accused 1 to 5 had attacked Balasubramaniam and his cousin Natarajan (PW2) on 14.02.2018, in which, Balasubramaniam lost his life.

7.

It is seen that the trial Court has disbelieved the evidence of the injured witness Natarajan (PW2) qua the other accused, in respect of the assault and has relied upon the same evidence for fastening criminal liability on the petitioner (A1) herein.

8.

The petitioner (A1) has raised substantial grounds in the appeal, which require detailed appraisal. Moreover, the petitioner (A1) has been in incarceration since 08.10.2020. In such view of the matter, this Court is of the view that the petitioner (A1) is entitled to the relief of suspension of sentence and bail. 9.

Accordingly, this criminal miscellaneous petition stands allowed and the sentence of imprisonment is suspended and bail is granted to the petitioner (A1) on the following conditions:

(i) The petitioner (A1) 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 I Additional District and Sessions Court, Salem 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 and mobile number to ensure their identity; and (iii) The petitioner (A1) shall appear before the respondent/police everyday at 10.30 a.m. for a period of four weeks and thereafter, the petitioner (A1) 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/- 01/02/2022 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 I ADDITIONAL DISTRICT AND SESSIONS JUDGE, SALEM 2 THE SUPERINTENDENT, CENTRAL PRISON, SALEM 3 THE INSPECTOR OF POLICE, YETHAPUR POLICE STATION, SALEM DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

C.C. to M/S. M.G.UDAYASHANKAR Advocate on payment of necessary charges SR.NO.1650 Order in Crl.M.P.No.13837 of 2021 in Crl.A.No.522 of 2020 Date :01/02/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RVR 02/02/2022