Edward v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Third day of November Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU and The Hon`ble Mr.Justice M.V.MURALIDARAN CRL MP(MD) No.10055 of 2016 IN CRL A(MD) No.388 of 2016 EDWARD ... APPELLANT/ACCUSED -1 Vs STATE THROUGH THE THE INSPECTOR OF POLICE SIPCOT POLICE STATION, TUTICORIN TUTICORIN DISTRICT IN CRIME NO.128 OF 2013 ... 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 execusion of Sentence by granting bail in C.A.No.221 of 2013 dated 03.04.
2014 on the file of the 2nd Additional District and Session Court, Tuticorin till and disposal of this revision Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S S.SENTHIL SANKARANATHAKUMAR, Advocate for the petitioner and of MR.R.RAMACHANDRAN, Additional Public Prosecutor for the Respondent the court made the following order:- [Order of the Court was made by S.NAGAMUTHU, J.] The petitioner is the first accused in S.C.No.221 of 2013 on the file of the learned Second Additional District and Sessions Judge, Tuticorin. This is a case of double murder and also robbery. The Trial Court has convicted him under Sections 302 IPC for 2 counts, 397 and 302 r/w 201 IPC. The maximum sentence imposed on the petitioner is imprisonment for life.
Challenging the said conviction and sentence, the petitioner has come up with the present Criminal Appeal. Pending appeal, he seeks suspension of sentence.
2. We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the State. We have also perused the records carefully. https://hcservices.ecourts.gov.in/hcservices/
3. In this case, the petitioner/first accused has given extrajudicial confession, wherein he has admitted his guilt. Apart from
that, there are recoveries of stolen articles from the possession of the petitioner on the extra-judicial confession statement made by him. There are also other circumstantial evidences. Thus, in our considered view, it is not a fit case to suspend the sentence. The petition is, therefore, dismissed.
sd/- 03/11/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
SML TO 1 THE 2ND ADDITIONAL DISTRICT AND SESSION JUDGE, THOOTHUKUDI 2 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, TUTICORIN DISTRICT.
3 THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI 4 THE INSPECTOR OF POLICE SIPCOT POLICE STATION, TUTICORIN TUTICORIN DISTRICT 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
GJM/SS2/SAR-III-9.11.16-2P-6C
ORDER
IN CRL MP(MD) No.10055 of 2016 IN CRL A(MD) No.388 of 2016 Date :03/11/2016 https://hcservices.ecourts.gov.in/hcservices/