Raman v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirtieth day of August Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice P.N.PRAKASH and The Hon`ble Mrs.Justice R.HEMALATHA IN CRL A(MD) No.261 of 2022 RAMAN ... APPELLANT/ACCUSED No.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE PALAVIDUTHI POLICE STATION, KARUR DISTRICT.

(CRIME NO.127/2018).

... RESPONDENT/COMPLAINANT 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 of Imprisonment imposed SC.No.18/2019 dated 01/03/2022 on the file of the Honble Additional District Sessions Judge,Fast Track Mahila Court,Karur District and enlarge the petitioner/appellant herein on bail.

PRAYER IN CRL A(MD).261 of 2022:

Pleased to call for records and set aside the order of conviction and sentence passed in S.C.No.18 of 2019 dated 01.03.2022 on the file of Hon`ble Additional District Sessions Judge, Fast Track Mahila Court, Karur District and allow this 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.KARUPPASAMY PANDIYAN.G, Advocate for the petitioner and of Mr.S.RAVI, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- (Order of the Court was made by P.N.PRAKASH,J.) This criminal miscellaneous petition has been filed seeking to suspend the sentence imposed on the petitioner by judgment and order dated 01.03.2022 passed in S.C.No.18 of 2019 on the file of the Additional Sessions Judge, Fast Track Mahila Court, Karur District and to enlarge the petitioner on bail pending disposal of the above appeal.

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2.

The petitioner, who was one of the accused/A1 in S.C.No.18 of 2019 before the Additional Sessions Judge, Fast Track Mahila Court, was convicted and sentenced as follows on 01.03.2022: S.No.

Provision under which convicted Sentence Three months simple imprisonment and fine of Rs.1,000/-, in default to undergo fifteen days simple imprisonment Section 294 (b) IPC Section 302 IPC Life imprisonment and fine of Rs.1,000/-, in default to undergo six months simple imprisonment.

3.

Challenging the aforesaid conviction and sentence, the petitioner has filed Crl.A.No.261 of 2022 along with the instant criminal miscellaneous petition seeking suspension of sentence and bail.

4.

Heard Mr.G.Karuppasamypandian, learned counsel for the petitioner and Mr.S.Ravi, learned Additional Public Prosecutor appearing for the respondent/State.

5.

It is the case of the prosecution that the accused are husband and wife (A-1 and A-2). The petitioner herein is the husband (A-1) and that, on account of boundary dispute between the petitioner and his brother (deceased), it is alleged that the petitioner (A-1) had caused injuries to the deceased with a stick on 02.08.2018. However, the deceased succumbed to the injuries on 06.10.2018. On a perusal of the trial Court judgment, we find that the petitioner/A-1 had also sustained injuries. 6.

The petitioner has raised substantial grounds in the appeal, which require detailed appraisal. Moreover, the petitioner has been in incarceration from 01.03.2022. Further, the appeal is not likely to be taken up in the near future. In such view of the matter, this Court is of the view that the petitioner is entitled to the relief of suspension of sentence and bail. 7.

Accordingly, this criminal miscellaneous petition stands allowed and the sentence of imprisonment is suspended and bail is granted to the petitioner on the following conditions: (I) The petitioner shall execute a bond for a sum of Rs.25,000/-, with two sureties, of whom, one should be a blood relative, each for a like sum to the satisfaction of the Additional District Sessions Court, Fast Track Mahila Court, Karur;

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(ii) The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; and (iii) The petitioner shall appear before the trial Court on the first working day of every month at 10.30 a.m. until the disposal of the appeal and if he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court.

sd/- 30/08/2022 / TRUE COPY / 02/09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL DISTRICT SESSIONS JUDGE, FAST TRACK MAHILA COURT, KARUR DISTRICT.

2 THE ADDITIONAL SESSIONS JUDGE, FAST TRACK MAHILA COURT, KARUR DISTRICT.

3 THE SUPERINTENDENT CENTRAL PRISON, TRICHY.

4 THE INSPECTOR OF POLICE PALAVIDUTHI POLICE STATION, KARUR DISTRICT.

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

+1. C.C. to M/S.KARUPPASAMY PANDIYAN G Advocate SR.No.41507 ORDER IN CRL MP(MD) No.4305 of 2022 IN CRL A(MD) No.261 of 2022 Date :30/08/2022 RR SA/SVR/SAR.1/02.09.2022/3P/7C 3/3