Annadurai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twelfth day of July Two Thousand Sixteen PRESENT The Hon`ble Dr.Justice P.DEVADASS CRL MP(MD) No.5428 of 2016 IN CRL A(MD) No.244 of 2016 ANNADURAI ... PETITIONER/APPELLANT Vs THE STATE REP. BY THE INSPECTOR OF POLICE KARIMEDU POLICE STATION, MADURAI DISTRICT.

CR. NO.103/2014 ... 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 1st Additional and Sessions Judge, Madurai dated 26.4.2016 in S.C. No.227 of 2014 and enlarge the petitioner on bail pending disposal of the main revision. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S. J.Lawrance, Advocate for the petitioner and of Mr.P.Kandasamy, Government Advocate (Crl.Side) on behalf of the Respondent and the court made the following order:- While challenging his conviction and sentence in S.C.No.227 of 2014, on the file of learned I Additional Sessions Judge, Madurai, the petitioner seeks appeal bail under Section 389(1) Cr.P.C. 2.In the trial Court, the appellant was convicted and sentenced as under:

Conviction Sentence Under Section 3(1) of TNPPDL Act 1 year S.I. and fine Rs.5,000/- i/d months S.I.

and compensation Rs.19,800/- Fine amount paid.

3.According to the learned counsel for the petitioner, actually there is motive between the accused/tenant and the complainant/P.W.1/landlord. Already there is some rent control petition is pending between both sides in a civil Court. Due to personal vengeance P.W.1 has foisted this case against the petitioner. The prosecution has failed to establish the case beyond

all reasonable doubts. There is prima facie case in favour of the petitioner.

4.On the other hand, the learned Government Advocate (Criminal side) would submit that the evidence of P.Ws.2 to 4/eye witnesses is sufficient to send the accused to jail. Thus, the trial Court has rightly convicted him.

5.I have anxiously considered the rival submissions, perused the impugned judgment and also referred to relevant piece of evidence. I am of the view that certain arguable points are involved in this Criminal Appeal. Further, the petitioner was on bail in the trial Court. It will take some time for the disposal of this appeal. I see prima-facie case in his favour. I am inclined to grant him appeal bail.

6.Ordered as under:

(1) Appeal bail granted.

(2) His sentence of imprisonment alone is suspended.

(3) There shall be two sureties, they and the petitioner shall execute a bond for Rs.15,000/- (Rupees Fifteen thousand only) each to the satisfaction of learned I Additional Sessions Judge, Madurai.

(4) The petitioner shall appear before the said Court on the first working day of every month at 10.30 a.m. until further orders. sd/- 12/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE I ADDITIONAL SESSIONS JUDGE, MADURAI.

2 DO THRO' THE SESSIONS JUDGE, MADURAI.

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

4 THE INSPECTOR OF POLICE, KARIMEDU POLICE STATION, MADURAI DISTRICT.

+1. C.C. to M/S J.Lawrance, Advocate, SR.No.36213 sj JM/NGM-MP/SAR-I/14.07.2016/2P-6C

ORDER

IN CRL MP(MD) No.5428 of 2016 IN CRL A(MD) No.244 of 2016 Date :12/07/2016