Nagaraj Mani v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR Nagarajmani S/o.Mani @ Marimuthu ... Petitioner Vs.

The State represented by The Inspector of Police Edapadi Circle, Thevoor Police Station.

(Crime No.67 of 2015) ... Respondent PRAYER: The Criminal Miscellaneous Petition is filed under Section 389 (1)of Cr.P.C. praying to suspend the judgment of conviction and sentence dated 19.03.2024 in S.C.No.166 of 2016 on the file of the II Additional District and Sessions Judge, Salem, pending disposal of the Criminal Appeal.

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For Petitioner : Mrs.A.R.L.Ganthimathi Senior Counsel for Mr.AR.Karthik Lakshmanan For Respondent : Mr.S.Raja Kumar Additional Public Prosecutor - - - - -

ORDER

M.S. RAMESH, J.

and N. SENTHILKUMAR, J.

This Criminal Miscellaneous Petition has been filed seeking to suspend the sentence of imprisonment imposed in judgment dated 19.03.2024 made in S.C.No.166 of 2016 on the file of the II Additional District and Sessions Judge, Salem, pending disposal of the Criminal Appeal before this Court.

2. The learned II Additional District and Sessions Judge at Salem, in S.C.No.166 of 2016, has convicted the petitioner under U/s.147, 449, 324, r/w 149, 302 IPC, 3(1) of TNPDL Act and sentenced him as follows:- 2/7

Offence Sentence Imposed U/s.147 IPC To undergo Rigorous Imprisonment of 2 years U/s.449 IPC To undergo Rigorous Imprisonment of 10 years and to pay a fine of Rs.2,000/- in default to undergo simple imprisonment of three months U/s.324 r/w 149 IPC To undergo Rigorous Imprisonment of three years U/s.302 r/w 149 IPC To undergo Rigorous Imprisonment of life and to pay a fine of Rs.5,000/-, in default, to undergo simple imprisonment of six months U/s.3(1) of TNPPDL Act To undergo Rigorous Imprisonment of three years and to pay a fine of Rs.2,000/- in default to undergo simple imprisonment of three months all the sentences are ordered to run concurrently U/s 120B, 342 r/w 149, 506 (ii) IPC acquitted

3. Challenging the above conviction and sentence, the petitioner has filed the above Criminal Appeal and he seeks suspension of sentence and bail in the present Miscellaneous Petition.

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4. Heard Mrs.A.R.L.Ganthimathi, learned Senior Counsel appearing for Mr.AR.Karthik Lakshmanan, learned counsel for the petitioner and Mr.S.Raja Kumar, learned Additional Public Prosecutor, appearing for the respondent Police.

5. As per the evidence of P.W.1, the overt act attributed by the prosecution against the petitioner herein is that he had assaulted the deceased with the wooden logs on the hands and legs of the deceased. As per the medical evidence, the cause of injury for the death of the deceased is owing to the head injury. Apparently, the overt act attributed to the petitioner herein is having attacked the deceased on his body and not on the head. In this background, this Court is inclined to suspend the sentence imposed on the petitioner. This apart, on the same ground, we had earlier considered the suspension of sentence in the case of Accused No.5 through the order passed in Crl.M.P.No.6900 of 2024 in Crl.A.No.470 of 2024 dated 20.02.2025.

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6. Accordingly, this Criminal Miscellaneous Petition stands allowed and the sentence imposed on the petitioner is suspended on the following conditions:- (i) The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties, each for a like sum to the satisfaction of the learned II Additional District and Sessions Judge, Salem.

(ii) The petitioner and 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 numbers to ensure their identity;

(iii) 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 of 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.

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(iv) On the failure of any of the above conditions by the petitioner / accused, it is open to the trial Court to commit the petitioner / accused into custody for undergoing the sentence.

(M.S.R, J.) (N.S, J.) 02.04.2025 ASI To

1. The II Additional District and Sessions Judge, Salem.

2. The Inspector of Police Edapadi Circle, Thevoor Police Station.

4. The Superintendent, Central Prison, Salem.

5. The Public Prosecutor, High Court of Madras, Chennai 600 104.

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M.S. RAMESH, J.

and N. SENTHILKUMAR, J.

ASI 02.04.2025 7/7