Perumal, S/O.Suyambulingam, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the First day of March Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI CRL MP(MD) No.1477 of 2019 IN CRL A(MD) No.125 of 2012 PERUMAL ... PETITIONER/APPELLANT Vs STATE REP. BY THE INSPECTOR OF POLICE, THIRUCHENDUR POLICE STATION, CRIME NO.486 OF 2010.

THOOTHUKUDI DISTRICT. ... RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to suspend the sentence and grant bail to the petitioner in S.C.No.47 of 2012 on the file of the I Additional District and Sessions Judge, Thoothukudi dated 20.06.2012 pending disposal of the criminal appeal.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of MR.ANTONY.S.PRABAHAR, Advocate for the petitioner and of MR.A.ROBINSON, Government Advocate (Crl. Side) on behalf of the Respondent, the court made the following order:- The learned counsel for the petitioner submitted that the petitioner has been convicted by the learned trial Judge for the alleged offences under Section 3(iii) of Tamil Nadu Property (Prevention of Damage and Loss) Act and sentenced to under go rigorous imprisonment for a period of two years and to pay a fine of Rs.500/- in default to undergo rigorous imprisonment for a further period of three weeks and under Section 294(b) I.P.C. and sentenced to pay a fine of Rs.

250/- in default to undergo simple imprisonment for a further period of two weeks and under Section 506 (ii) and sentenced to under go rigorous imprisonment for a period of two years and to pay a fine of Rs.500/- in default to undergo rigorous imprisonment for a further period of three weeks in S.C. No.47 of 2012, on the file of the learned I Additional District and Sessions Judge, Thoothukudi.

2.It is submitted by the learned counsel for the petitioner on 22.01.2019, when the appeal was listed before this Court, the petitioner was unable to attend the Court and hence, this Court cancelled the suspension of sentence granted to the petitioner dated 29.06.2012 in M.P.(MD)No.1 of 2012 in Crl.A.(MD)No.125 of 2012 and hence the petitioner was arrested and remanded to judicial custody and also there are several infirmities in the prosecution case and further there are contradictions in materials among the evidence of the prosecution witnesses.

3.It is submitted by the learned Government Advocate (criminal side) that there are enough materials available on record against the petitioner as per the evidence adduced by the prosecution and there is no infirmity in the prosecution case and prays for dismissal of this petition.

4.This Court has carefully considered the rival contentions put forward by their side and also perused the materials available on record.

5.The learned counsel for the petitioner pointed out that certain infirmities and inconsistencies in this case and also certain contradictions in material particulars. The fact remains that there are arguable points involved in this criminal appeal and further the criminal appeal is not likely to be taken up for final hearing in the near further and as such, this Court is of the considered view that the petitioner herein is entitled to the relief of grant of suspension of sentence.

6.Accordingly, this petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the appeal and the petitioner is directed to be enlarged on bail on condition that the petitioner executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of I Additional District and Sessions Judge, Thoothukudi 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/- 01/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, THOOTHUKUDI.

2 THE INSPECTOR OF POLICE, THIRUCHENDUR POLICE STATION, THOOTHUKUDI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to M/S.ANTONY.S.PRABAHAR Advocate SR.No.4072

ORDER

IN CRL MP(MD) No.1477 of 2019 IN CRL A(MD) No.125 of 2012 Date :01/03/2019 JM/JC/SAR 4/04.03.2019/3P/6C