Ayyappan v. The Insepctor Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eighteenth day of May Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.S.RAMESH CRL MP(MD) No.3772 of 2018 IN CRL A(MD) No.70 of 2018 AYYAPPAN ... PETITIONER / APPELLANT Vs THE STATE REP.BY THE INSEPCTOR OF POLICE THADIKOMBU POLICE STATION, DINDIGUL DISTRICT CRIME NO. 204 OF 2009 ... RESPONDENT / COMPLAINANT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to Suspend the Sentence of Imprisonment imposed by the learned Additional District and Sessions Judge, Dindigul in S.C.No. 54 of 2012 by the Judgement dated 12/01/2018 and enlarge the Petitioner/Appellant on bail, pending, disposal of the above said Criminal Appeal 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.S.MAHENDRAPATHY, Advocate for the petitioner and of Mr.A.P.G.OHM CHAIRMA PRABU Government Advocate(Crl.Side) on behalf of the Respondent, the court made the following order:- The petitioner has been convicted by the learned Additional District and Sessions Judge, Dindigul in S.C.No.54 of 2012 and sentenced to undergo rigorous imprisonment for 7 years for an offence under Section 235(2) of I.P.C. Against which, the petitioner has filed the criminal appeal and in order to suspend the sentence, the present Miscellaneous Petition is filed.
2. It is submitted by the learned counsel for the petitioner that there are several infirmities and inconsistencies in the prosecution case. It is contended that there are contradictions in material particulars.
3. It is submitted by the learned Government Advocate (Crl.side) that there are enough materials available on record for implicating the petitioner herein.
4. I have carefully considered the rival contentions put forward by either side and also perused the impugned judgment of conviction.
5. The learned counsel for the petitioner pointed out that certain infirmities and inconsistencies in the prosecution case and also certain contradictions in material particulars between the evidence of prosecution witnesses and there are arguable points involved in this appeal and further the appeal is not likely to be taken up for final hearing in the near future, this Court is of the considered view that the petitioner herein is entitled to the relief of grant of suspension of sentence.
6. Accordingly, the substantive sentence of imprisonment alone is suspended pending disposal of the appeal and the petitioner is directed to be enlarged on bail on condition that he executes a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Madurai 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. pending disposal of the appeal.
sd/- 18/05/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO I, MADURAI.
2 -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, MADURAI.
3 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, DINDIGUL.
4 THE INSEPCTOR OF POLICE, THADIKOMBU POLICE STATION, DINDIGUL DISTRICT.
5 THE SUPERINTENDENT OF CENTRAL PRISON, MADURAI.
6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. C.C. to M/S.S.MAHENDRAPATHY Advocate SR.No.8929
ORDER
IN CRL MP(MD) No.3772 of 2018 IN CRL A(MD) No.70 of 2018 Date :18/05/2018 DSK/MSA MV:PN:RNB:21/05/2018/3P/8C