Kodeeswaran v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20-02-2025
CORAM
THE HONOURABLE MR JUSTICE B.PUGALENDHI in Crl.A.(MD)No.145 of 2025 Kodeeswaran, S/o.Shanmuganathi Telugu Chettiyar Street, Valayathupatti, Theni District.
Petitioner(s) Vs State represented by Inspector of Police, Palanichettipatti Police Station, Theni.
Respondent(s) For Petitioner(s):
Mr.S.Bala Karthick, Advocate For Respondent(s):
Mr.P.Kottaichamy, Government Advocate (Crl. side)
ORDER
The petitioner is the first accused in S.C.No.16 of 2018 on the file of the learned Sessions Judge, Mahalir Neethimandram, Fast Track Mahila Court, Theni. The petitioner is the husband of the deceased and she committed suicide within six months from the date of marriage. Therefore, a case has been registered against the petitioner for the offence under Section 306 IPC. After the trial, the trial Court, by its Judgment dated 24.01.2025, found the petitioner guilty for the offence under Section 306 IPC and convicted and sentenced him, to undergo 7 years rigorous imprisonment 1/4
and to pay a fine of Rs.5,000/-, with the default sentence of one year simple imprisonment. Challenging the Judgment of conviction and sentence, the petitioner has preferred an appeal in Crl.A.(MD)No.145 of 2025 along with the petition for suspension of sentence. The Criminal Appeal was admitted by this Court on 06.02.2025.
2. The learned counsel appearing for the petitioner, by referring the report of the Revenue Divisional Officer, submits that even according to the Revenue Divisional Officer, the petitioner said to have imposed restriction for dress code while the deceased went to the Temple and enraged over the same, the deceased committed suicide. The learned counsel further submits that the petitioner is having arguable points to succeed in this appeal. Since the petitioner is in jail from the date of conviction, the learned counsel prays for suspension of sentence.
3. Heard the learned Government Advocate (Crl. side).
4. Considering the period of incarceration and since the petitioner is having arguable points in this appeal and there is no likelihood of listing the criminal appeal for final hearing in the near future, this Court is inclined to suspend the sentence imposed on the petitioner.
5. Accordingly, the substantive sentence of imprisonment alone is suspended pending disposal of the criminal appeal and the petitioner is ordered to be enlarged 2/4
on bail on executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Theni and on further condition that the petitioner shall appear before the said Court on the first working day of every English Calender month at 10.30 a.m., till the disposal of the appeal.
sd/- 20/02/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
ogy TO 1 THE SESSIONS JUDGE, MAHALIR NEETHIMANDRAM, FAST TRACK MAHILA COURT, THENI.
2 THE JUDICIAL MAGISTRATE, THENI.
3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI. 4 THE INSPECTOR OF POLICE, PALANICHETTIPATTI POLICE STATION, THENI.
5 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.BALAKARTHICK, Advocate ( SR-1910[I] dated 20/02/2025 ) 3/4
ORDER
IN CRL MP(MD) No.1621 of 2025 IN CRL A(MD) No.145 of 2025 Date :20/02/2025 RS/IT/SAR-(20.02.2025) 4P 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4