Ragupathy v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30-01-2025
CORAM
THE HONOURABLE MR JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA in Crl.A.(MD)No.39 of 2025 Ragupathy S/o Sivasankaran, No. 5/74 Kudiyiruppu street, Mannarkovil village, Ambasamudram taluk, Tirunelveli District.
Petitioner(s) Vs The state of Tamil Nadu Rep by The Inspector of Police, Kallidaikurichi Police station, Kallidaikurichi, Ambasamudram Taluk, Tirunelveli District.
Crime No. 199/2017 Respondent(s) For Petitioner(s):
Mr.N.Vignesh, Advocate For Respondent(s):
Mr.T.Senthil Kumar, Additional Public Prosecutor 1/4
ORDER
(Order of the Court was made by the Hon'ble G.R.Swaminathan J.) Heard both sides.
2. The petitioner figured as the Accused No.3 in S.C.No.87 of 2019 on the file of the III Additional District and Sessions Court, Tirunelveli. He was found guilty only for the offence under Sections 302 r/w. 149 of IPC and sentenced to life imprisonment with fine of Rs.1,000/-. Default sentence of one month simple imprisonment was also imposed. For the offence under Section 341 of IPC, he was sentenced to one month simple imprisonment with fine of Rs.500/-. Default sentence of one week simple imprisonment was also imposed.
3. We are satisfied that the petitioner has arguable case on merits in the main appeal. Since the appeal is not likely to be taken up in the near future, we are inclined to grant suspension of sentence.
4. Accordingly, this Criminal Miscellaneous Petition is ordered and the imprisonment ordered by the trial Court through the impugned judgment, dated 04.12.2024 is suspended subject to the following conditions:- i. The petitioner/ 3rd accused is directed to be enlarged on bail on executing a bond for Rs.25,000/- (Rupees twenty five thousand only), 2/4
with two sureties, of whom, one should be a blood relative, each for a like sum to the satisfaction of the learned III Additional District and Sessions Court, Tirunelveli.
ii. The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Court may obtain a copy of their Aadhar card or Bank passbook to ensure their identity.
iii. The petitioner shall report before the learned III Additional District and Sessions Court, Tirunelveli, in the first working day of every English calendar month at 10.30 a.m., until further orders 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 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.
sd/- 30/01/2025 / TRUE COPY / 30/01/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
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IAS TO 1 THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, TIRUNELVELI.
2 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.
3 THE INSPECTOR OF POLICE, KALLIDAIKURICHI POLICE STATION, KALLIDAIKURICHI, AMBASAMUDRAM TALUK, TIRUNELVELI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.N.VIGNESH, Advocate ( SR-1121[I] dated 30/01/2025 ) ORDER IN in Crl.A.(MD)No.39 of 2025 Date :30/01/2025 SA/SAR. /30.01.2025/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4