Malathi v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.11.2022

CORAM

THE HONOURABLE MR. JUSTICE P.N.PRAKASH AND THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN 1.Malathi 2.Rajadurai ..

Petitioners/Accused 1 & 2 Vs.

State represented by The Inspector of Police, Chinna Salem Police Station, Kallakurichi, Villupuram District.

(Crime No.47 of 2019) ..

Respondent/Complainant Criminal Miscellaneous Petition filed under Section 389 (1) Cr.P.C., to suspend the sentence imposed on the petitioners by judgment and order dated 31.03.2022 passed in S.C.No.141 of 2019 on the file of the III Additional District and Sessions Court, Kallakurichi and to enlarge the petitioners on bail pending disposal of the appeal. For Petitioners : Mr.V.Paarthiban For Respondent : Mr.R.Muniyapparaj Additional Public Prosecutor 1/6

ORDER

(Made by P.N.PRAKASH, J.) This criminal miscellaneous petition has been filed seeking to suspend the sentence imposed on the petitioners by judgment and order dated 31.03.2022 passed in S.C.No.141 of 2019 on the file of the III Additional District and Sessions Court, Kallakurichi and to enlarge the petitioners on bail pending disposal of the appeal.

2.

The petitioners faced a prosecution along with Subramanian (A3) in S.C.No.141 of 2019 before the III Additional District and Sessions Court, Kallakurichi and have been convicted and sentenced as follows on 31.03.2022:

Accused Provision under which convicted Sentence Section 120-B IPC Six months rigorous imprisonment and fine of Rs.1,000/-, in default to undergo two months simple imprisonment.

Section 294-B IPC Three months simple imprisonment and fine of Rs.500/-, in default to undergo one month simple imprisonment.

Malathi (A1) Life imprisonment and fine of Rs.10,000/-, in default to undergo six months simple imprisonment.

Section 302 r/w 34 IPC Rajadurai (A2) Section 120-B IPC Six months rigorous imprisonment and fine of Rs.1,000/-, in default to undergo two months simple imprisonment.

2/6

Section 294(b) IPC Three months simple imprisonment and fine of Rs.500/-, in default to undergo one month simple imprisonment.

Section 302 IPC Life imprisonment and fine of Rs.10,000/-, in default to undergo six months simple imprisonment.

The aforesaid sentences were ordered to run concurrently. 3.

Challenging the above conviction and sentences, the accused have filed Crl.A.No.484 of 2022 and the petitioners have filed the instant miscellaneous petition seeking suspension of sentence and bail. 4.

Heard Mr.V.Paarthiban, learned counsel for the petitioners and Mr.R.Muniyapparaj, learned Additional Public Prosecutor appearing for the respondent/State.

5.

It is the case of the prosecution that the deceased Ravichandran was the husband of Malathi (A1), first petitioner herein; Rajadurai (A2), second petitioner herein, is the son of Ravichandran and Malathi (A1); Subramanian (A3) is the brother of Malathi (A1); Ravichandran was a chronic tippler and used to quarrel with his wife frequently for money and beat her; on 21.01.2019, around 7.00 p.m., a quarrel ensued, in which, 3/6

Ravichandran is said to have abused Malathi (A1) in the presence of Rajadurai (A2); in a fit of anger, Rajadurai (A2) is said to have attacked Ravichandran with neem stick, which proved to be fatal. 6.

The allegation against the petitioners herein is that they have attacked Ravichandran with wooden logs, while Rajadurai (A2) caught hold of him.

7.

The petitioners have raised substantial grounds in the appeal, which require detailed appraisal. Moreover, the petitioners have been in incarceration since 31.03.2022. Therefore, this Court is of the view that the petitioners are entitled to the relief of suspension of sentence and bail. 8.

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

(i) The petitioners shall execute a bond for a sum of Rs.25,000/- each, 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, Kallakurichi;

(ii) The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may 4/6

obtain a copy of their Aadhar card or Bank pass Book and mobile number to ensure their identity; and (iii) The petitioners 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 they are not able to appear before the trial Court on any day, they 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 their absence, as directed by the trial Court.

(P.N.P.,J.) (TKRJ) 18.11.2022 nsd To 1.The III Additional District and Sessions Judge, Kallakurichi.

2.The Inspector of Police, Chinna Salem Police Station, Kallakurichi, Villupuram District.

3.The Superintendent of Prison, Central Prison, Cuddalore.

4.The Superintendent of Prison Special Prison for Women, Vellore.

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

5/6

P.N.PRAKASH, J.

and RMT.TEEKAA RAMAN, J.

nsd 18.11.2022 6/6