M.Chandran v. The Inspector Of Police
CRL MP(MD) No.3251 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Tenth day of March Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL MP(MD) No.3251 of 2022 IN CRL A(MD) No.187 of 2022 M.CHANDRAN ... PETITIONER/APPELLANT Vs THE STATE REP. BY, THE INSPECTOR OF POLICE, THENI POLICE STATION, THENI, THENI DISTRICT.
CR.NO. 767 OF 2019.
... RESPONDENT/RESPONDENT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Suspend the Sentence imposed in judgment by learned Sessions Judge, Fast Track Mahila Court, Theni made in SC.No.8 of 2021 dated 14.02.2022 and enlarge him on bail pending disposal of the instant Criminal Appeal.
PRAYER IN CRL.A.(MD) No.187 of 2022 :
Pleased to call for the records and set aside the judgment pronounced by learned Judge, Fast Track Mahila Court, Theni made in S.C.No.8/2021 dated 14.02.2022 and allow the above Criminal Appeal. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.JEGANATHAN C, Advocate for the petitioner and of M/S.M.AASHA, Government Advocate (Criminal Side) on behalf of the Respondent, while admitting the Criminal Appeal, the court made the following order:- This petition has been filed praying to suspend the sentence imposed against the petitioners in Sessions Case No.8 of 2021 dated 14.02.2022 by the learned Sessions Judge, Fast Track Mahila Court, Theni.
2. The case of the prosecution is that on 29.10.2019 the deceased women residing at Compost Oadi Street in Theni had come out of her around 6.00p.m, and combing her hair. At that time, the appellant/accused who is the neighbor started scolding her due to previous enmity and slapped her in public. Unable to bear the same, she hanged herself on the ceiling fan using dupatta. It is attributed that the appellant had provoked the deceased to commit suicide. Hence the case came to registered in Crime No.767 of 2019 https://hcservices.ecourts.gov.in/hcservices/ 1/2
CRL MP(MD) No.3251 of 2022 for the offence under Section 306 of IPC and after completing enquiry the respondent police filed charge sheet in S.C. No. 8 of 2021 on the file of the Fast Track Mahila Court, Theni. The learned Sessions Judge while framing charges against the accused framed charges under Sections 306 of IPC and Section 4 of TNPHW Act. After the trial the accused was acquitted for the charge in respect of Section 306 of IPC and convicted for the offence under Section 4 of TNPHW Act and ordered to undergo one year rigorous imprisonment and also to pay a fine of Rs.10,000/- I/d to undergo three months imprisonment.
3.Considering the nature of the offence alleged to have been committed by the petitioner/appellant and also quantum of punishment imposed against him, this Court is of the view to suspend the sentence imposed in S.C.No.8 of 2021 till the disposal of Criminal Appeal No.187 of 2022 and also decided to grant bail subject to the following conditions.
4.In fine, this petition is allowed and the sentence imposed in S.C.No. 8 of 2021 is alone suspended till the disposal of Criminal Appeal No.187 of 2012 and the petitioner shall be released on bail on executing a bond to the tune of Rs.10,000/- with two sureties each for a likesum to the satisfaction of the learned Sessions Judge, Fast Track Mahila Cuort, Theni. The petitioner is directed to report before the learned Sessions Judge, Fast Track Mahila Court, Theni daily at 10.30 a.m., until further orders. sd/- 10/03/2022 / TRUE COPY / 10/03/2022 Sub-Assistant Registrar (C.S-II) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE SESSIONS JUDGE, FAST TRACK MAHILA COURT, THENI.
2. THE INSPECTOR OF POLICE, THENI POLICE STATION, THENI, THENI DISTRICT.
3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CRL MP(MD) No.3251 of 2022 IN CRL A(MD) No.187 of 2022 Date :10/03/2022 USK/PN/SAR-II/10.03.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2