Muthan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Ninth day of February Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN in CRL.A (MD)No.34 of 2022 MUTHAN ... PETITIONER/ APPELLANT / ACCUSED NO.1 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE ELUMALAI POLICE STATION, MADURAI DISTRICT.

CRIME NO.86 OF 2015 ... RESPONDENT/ RESPONDENT / COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to pass an order suspending the sentence imposed on the appellant by the Honourable Special Court for MMDR Act, madurai dt. 06/12/2021 made in Spl.C.C.No. 4 of 2021 and enlarge the petitioner on bail pending disposal of the above appeal Prayer in CRL.A (MD)No.34 of 2022:

To call for the records allow the appeal and acquit the appellant by setting aside the conviction and sentence imposed on him by the judgment dated 06.12.2021 made in Spl.C.C.No.4 of 2021 on the file of the Hon'ble Special Court for MMDR Act, Madurai. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.B.JEYAKUMAR, Advocate for the petitioner and of MR.K.SANJAI GANDHI, Government Advocate (Crl. Side) on behalf of the Respondent, While admitting the Crl.A., the court made the following order:- This Criminal Miscellaneous Petition is filed to suspend the sentence imposed in Spl.C.C.No.4 of 2021, dated 06.12.2021 by the learned Special Judge for MMDR Act, Madurai and enlarge the petitioner/accused No.1 on bail pending disposal of the Criminal Appeal.

2.The learned counsel appearing for the petitioner submitted that the petitioner has been convicted by the trial Judge, for the alleged offence under Section 379 IPC, and sentenced him to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.5,000/-, in default to undergo rigorous imprisonment for a period of three months in Spl.C.C.No.4 of 2021 on the file of the learned Special Judge for MMDR Act, Madurai.

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3.It is submitted by the learned counsel appearing for the petitioner that there are several infirmities in the prosecution case and further there are contradictions in material particulars between the evidence of the prosecution witnesses and he prayed for suspension of sentence.

4.It is submitted by the learned Government Advocate (crl.side) appearing for respondent 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 he strongly opposed to grant suspension of sentence. 5.This Court has carefully considered the rival contentions put forward by either side and also perused the materials available on record.

6.The learned counsel appearing 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 future 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.

7.Accordingly, the suspension of sentence petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the appeal on the following conditions:- (i)the petitioner is directed to be enlarged on bail on condition that the petitioner shall execute 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 the learned Special Judge for MMDR Act, Madurai;

(ii)and on further condition that the petitioner shall appear before the respondent police monthly twice i.e., first and third Monday at 10.30 a.m., until further orders.

sd/- 09/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE SPECIAL JUDGE FOR MMDR ACT, MADURAI.

2 THE INSPECTOR OF POLICE ELUMALAI POLICE STATION, MADURAI DISTRICT.

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

+1 CC to Mr.B.JEYAKUMAR, Advocate ( SR-972[I] dated 10/02/2022 )

ORDER

IN in CRL.A (MD)No.34 of 2022 Date :09/02/2022 cp MK/VR/SAR.III/11.02.2022/3P/5C 3/3