Veerabathiran @ Murugan, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Second day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM and The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL MP(MD) No.2474 of 2018 IN CRL A(MD) No.156 of 2018 VEERABATHIRAN @ MURUGAN, ... PETITIONER/APPELLANT/ SOLE ACCUSED Vs STATE THROUGH THE INSPECTOR OF POLICE, KULASEKHARAM POLICE STATION, KANNIYAKUMARI DISTRICT (IN CRIME NO.37 OF 2018) ... RESPONDENT/RESPONDENT/ COMPLAINANT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to suspend the sentence imposed against in S.C.No.92/2009 on the fie of the Honourable Sessions Judge, Kanyakumari District at Nagercoil dated 10/06/2015 and release me on bail till the disposal of the appeal.
Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.R.ALAGUMANI, Advocate for the petitioner and of Mr.R.ANANDRAJ, Additional Public Prosecutor for the Respondent the court made the following order:- [Order of the Court made by C.T.SELVAM, J.,] Petitioner is arrayed as the sole accused in S.C.No.92 of 2009, on the file of the learned Sessions Judge, Kanyakumari District at Nagercoil and under Judgment dated 10.06.2015, he has been convicted and sentenced as follows:
Offence Sentence 307 IPC To undergo rigorous imprisonment for ten years with fine of Rs.10,000/-, in default to undergo rigorous imprisonment for three years.
324 IPC To undergo rigorous imprisonment for three years.
302 IPC To undergo imprisonment for life and to pay a fine of Rs.10,000/- , in default to undergo rigorous imprisonment for three years.
Petitioner has come forward with the above Miscellaneous Petition, seeking relief of suspension of sentence pending appeal.
2. The case of the prosecution is that owing to previous enmity, there arose a wordy quarrel between the wives of the accused and the de facto complainant at about 06.00 PM, on 17.02.2008. Thereafter, at about 09.30 PM, on the same day, when the de facto complainant and his wife were standing in front of their house, the accused had come there with an intention to murder them. The accused attacked the de facto complainant with Vettukathi on his left shoulder and caused injury. When the deceased came to the rescue of the de facto complainant, the accused attacked him on his right chest, right forehead, nose, lips, right thigh, left side of the neck, left big toe, left ribs and left ear. Case was registered in Crime No.37 of 2018, on the file of the respondent police and the same on completion of investigation, filing of final report and on committal was tried by the learned Sessions Judge, Kanniyakumari, in S.C.No.92 of 2009 and under Judgment dated 10.06.2015, the accused was convicted for the offences under Sections 307, 324 and 302 of the Indian Penal Code.
3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.
4. Even if for the sake of argument, the case of the prosecution of the petitioner/appellant being the assailant of the deceased, is to be accepted, the postmortem certificate [EX-P7] informs that "peritoneum was found adherent to the bowels muddy and pus material was found sticking to the intestine'. The death had occurred after 11 days of the occurrence. Thus, the cause of death was could well be septicemia.
5. Considering the facts and circumstances of the case and the submission of both sides and also considering that the appeal is not likely to be heard in the near future, this Court considers it appropriate to suspend the substantive portion of sentence imposed on the petitioner.
6. Accordingly, the present Miscellaneous Petition is allowed and substantive sentence of imprisonment alone is suspended in
respect of the petitioner/accused and he is directed to be enlarged on bail on condition that he 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 Judicial Magistrate, Padmanabapuram and on further condition that petitioner shall report before the said Court on the first working day of every English Calendar month at 10.30 a.m. pending appeal.
sd/- 22/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE SESSIONS JUDGE, KANYAKUMARI DISTRICT 2 THE JUDICIAL MAGISTRATE, PADMANABAPURAM 3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI DISTRICT AT NAGERCOIL.
4 THE INSPECTOR OF POLICE, KULASEKHARAM POLICE STATION, KANNIYAKUMARI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
6 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI +1. C.C. to M/S.R.ALAGUMANI Advocate SR.No.11192 NB GJM/RR/CSL/GSR./25.6.18-3P-8C
ORDER
IN CRL MP(MD) No.2474 of 2018 IN CRL A(MD) No.156 of 2018 Date :22/06/2018