Natrayan, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Sixth day of July Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN CRL MP(MD) No.6533 of 2017 IN CRL RC(MD) No.592 of 2017 NATRAYAN ... PETITIONER/PETITIONER Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, PALANI TALUK POLICE STATION, DINDIGUL DISTRICT.

(IN CRIME NO.591/2005) ... RESPONDENT/RESPONDENT 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 by the Learned Additional District and Sessions Judge, Palani made in C.A.No.26 of 2016 daetd 02.06.2017 confirming the conviction and sentenced passed by Learned Judicial Magistrate, Palani in C.C.No.512 of 2005 pending disposal of this Criminal Revision and release the Petitioner on bail and thus render justice.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.C.ARUL VADIVEL ALIAS SEKAR, Advocate for the petitioner and of MR.C.MAYILVAHANA RAJENDRAN, Additional Public Prosecutor on behalf of the Respondent while admitting Crl.RC the court made the following order:- The petitioner stood charged for an offence under Section 326 of I.P.C. He was convicted for the offence under Section 326 of I.P.C and sentenced to undergo one year rigorous imprisonment, in C.C.No.512 of 2005, on the file of the learned Judicial Magistrate, Palani. Challenging the same, he preferred an appeal in C.A.No.26 of 2016 on the file of the learned Additional District and Sessions Judge, Palani. The lower appellate Court dismissed the appeal, by confirming the conviction and sentence passed by the trial court. Challenging the same, the petitioner has filed Crl.R.C(MD).No.592 of 2017. Pending revision, in order to suspend the conviction and sentence imposed on the petitioner, the present petition has been filed.

https://hcservices.ecourts.gov.in/hcservices/ 2.I have Heard C.Arul Vadivel @ Sekar, the learned Counsel appearing for the petitioner and Mr.C.Mayilvahana Rajendran, learned

Additional Public Prosecutor appearing for the respondent and perused the records carefully.

3.The learned counsel appearing for the petitioner submitted that there are lot of contradictions in the evidence of prosecution witnesses. P.W.1., injured witness is the brother of the petitioner/accused and due to previous enmity, a false case has given and the injuries also are not serious. But, the Trial Court, without considering the same, convicted and sentenced the petitioner/accused. The lower Appellate court has also confirmed the conviction and sentence.

4.I have considered the materials available on record. 5.Considering the facts and circumstances of the case and since there are some arguable points involved in the revision and it may take a long time for taking up the revision for hearing, I am constrained to suspend the sentence of imprisonment alone imposed against the petitioner.

6.In fine, this petition is allowed and the substantive sentence of imprisonment imposed on the petitioner alone is suspended and the petitioner shall be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) along with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Palani, with a further condition that the petitioner shall report before the committal Court on the first working day of every English Calender month at 10.30 a.m., till the disposal of the revision or until further orders. sd/- 26/07/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL DISTRICT AND SESSION JUDGE, PALANI. 2 THE JUDICIAL MAGISTRATE, PALANI.

3 THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT. 4 THE INSPECTOR OF POLICE, PALANI TALUK POLICE STATION, DINDIGUL DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to M/S.C.ARUL VADIVELALIAS SEKAR Advocate SR.No.27298 ORDER IN CRL MP(MD) No.6533 of 2017 IN CRL RC(MD) No.592 of 2017 Date :26/07/2017 https://hcservices.ecourts.gov.in/hcservices/ MKV-PM-PN-SAR 2/27.7.2017/2P-7C