Kumar @ Senthilkumar, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirteenth day of April Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM and The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL MP(MD) No.1695 of 2018 IN CRL A(MD) No.110 of 2018 KUMAR @ SENTHILKUMAR ... APPELLANT / APPELLANT / ACCUSED No.4 Vs THE STATE REP. BY THE INSPECTOR OF POLICE, KENIKARAI POLICE STATION, RAMANATHAPURAM DISTRICT.
(CRIME NO.35 OF 2014). ... 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 in Judgment dated 18.01.2018 made in S.C.No.55 of 2016 on the file of the Additional District and Sessions Court, Ramanathapuram and enlarge the Appellant on bailpending disposal of the instant Criminal Appeal. Order:This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.S.MUTHUKRISHNAN, Advocate for the petitioner and of M/S.S.CHANDRASEKAR, 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 accused No.4 in S.C.No.55 of 2016, on the file of the Learned Additional District and Sessions Judge, Ramanathapuram and under judgment dated 18.01.2018, he has been convicted for the following offences:- Offence Sentence 302 r/w 109 I.P.C.
Life imprisonment and fine of Rs.25,000/- i/d 1 Year S.I.
Petitioner has come forward with the above miscellaneous petition, seeking relief of suspension of sentence pending appeal.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.
3. The case of the prosecution was that the deceased and the accused engaged in exchange of words and thereafter, the first accused stabbed the deceased, who fell down. The accused 2 and 3 caught hold of the deceased and on their stating that it was dangerous to let the deceased live, the first accused again caused further stab injuries, resulting in death. A case was registered on 21.01.2014 and the same on completion of investigation, filing of final report and committal came up for trial before the Learned Additional District and Sessions Judge, Ramanathapuram in S.C.No.55 of 2016 and under judgment dated 18.01.2018, the Accused No.4 was convicted for the offence u/s., 302 r/w 109 I.P.C.
4. The learned counsel for the petitioner submitted that no overt act is attributed to the petitioner/4th accused nor is there anything to support the finding rendered by the trial Court in respect of the offence under Section 302 of the Indian Penal Code, as far as the petitioner is concerned. Learned counsel for petitioner further submits that the petitioner presently is confined at Central Prison, Madurai. Submitting as above, learned counsel prays for the grant of relief of suspension of sentence to petitioner herein.
5. Per contra, learned Additional Public Prosecutor, contended that the prosecution has established its case beyond all reasonable doubt and the minor discrepancies found in the evidence of the prosecution witnesses will not affect the prosecution case in its entirety. He strongly opposed to the grant of the relief of suspension of sentence to petitioner.
6.Considering the facts and circumstances of the case and the submission of both sides that the present petitioner stands on the same footing as A3, whose sentence was suspended by this Court on 09.04.2018 in Cr.M.P.(MD)No.1575 of 2018 in Crl..A.(MD)No.106 of 2018, this Court considers it appropriate to suspend the substantive portion of sentence imposed on petitioner.
7.Accordingly, the substantive sentence of imprisonment alone is suspended in respect of 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 No.II, Ramanathapuram District, and on further condition that petitioner shall report before the said Court on the first working day of every month at 10.30 a.m. pending appeal. sd/- 13/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANATHAPURAM.
2 THE JUDICIAL MAGISTRATE NO.II, RAMANATHAPURAM DISTRICT.
3 DO THOUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.
4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.
5 THE INSPECTOR OF POLICE, KENIKARAI POLICE STATION, RAMANATHAPURAM DISTRICT.
6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. C.C. to M/S.S.MUTHUKRISHNAN Advocate SR.No.6160.
ORDER
IN CRL MP(MD) No.1695 of 2018 IN CRL A(MD) No.110 of 2018 Date :13/04/2018 SDS/CM:VR/VK/18.04.2018/3P/8C