Muniyasamy v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :25.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI in Crl.A(MD) No.385 of 2025 1.Muniyasamy @ Muniyandi 2.Chellappa ... Petitioners Vs.
State of Tamil Nadu, Rep by the Inspector of Police, Karivalamvanthanallur Police Station, Tenkasi District.
(Crime No.107/2019) ... Respondent For Petitioners :
Mr.S.Sivaprakash For Respondent :
Mr.A.S.Abdul Kalam Azad Government Advocate (Crl Side)
O R D E R
The petitioners, accused in S.C.No.199 of 2024, on the file of the Principal District Court, Tenkasi were found guilty by the trial Court and they were convicted and sentenced as under:- 1/5
Ran k Sections Punishment Fine amount Default A1 & A2 294b IPC - Rs.100/- one simple imprisonment Section 4 of TNPWH Act 1 year simple Imprisonmen t Rs.1,000/- 1 month simple imprisonment A1 & A2 A2 324 IPC 1 year simple Imprisonmen t Rs.1,000/- 1 month simple imprisonment As against the conviction and sentence imposed by the trial Court in SC.No.199 of 2024, dated 11.03.2025, the petitioners have filed a Criminal Appeal in Crl.A(MD) No.385 of 2025 and the same has been admitted by this Court today. The petitioners have also moved this application to suspend the sentence imposed on them by the trial Court.
2.The learned counsel appearing for the petitioners submits that though the independent witnesses including the eye-witnesses have turned as hostile, based on the statements of the official witnesses, the trial Court has convicted the petitioners. He further submits that the petitioners are in Central Prison, Palayamkottai from the date of judgment on 11.03.2025.
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3.The learned Government Advocate appearing for the respondent submits that after a full-fledged trial, the petitioners were convicted by the trial Court, based on the evidence and documents produced.
4.This Court considered the rival submissions made and also perused the materials placed on record.
5.The petitioners have raised certain arguable points, which can be considered only during the final hearing of the appeal. However the appeal could not be taken up for final hearing immediately for want of time. Considering the points raised by the petitioners and for the reasons that the appeal could not be taken up immediately, this Court is inclined to suspend the sentence imposed on the petitioners.
6. Accordingly, the substantive sentence of imprisonment alone is suspended pending disposal of the criminal appeal and the petitioners are ordered to be enlarged on bail on executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the 3/5
learned Principal District and Sessions Court, Tenkasi and on further condition that the petitioners shall stay at Trichy and report before the Inspector of Police, Thottiyam Police Station, Trichy daily at 10.30 a.m., till the disposal of the appeal. sd/- 25/03/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
vrn TO 1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, THENKASI.
2 THE INSPECTOR OF POLICE, KARIVALAMVANTHANALLUR POLICE STATION, TENKASI DISTRICT.
3 THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE INSPECTOR OF POLICE, THOTTIYAM POLICE STATION, TRICHY.
+1 CC to M/s.S.SIVAPRAKASH, Advocate ( SR-3376[I] dated 25/03/2025 ) 4/5
ORDER
IN CRL MP(MD) No.4025 of 2025 in Crl.A(MD) No.385 of 2025 Date :25/03/2025 MK/GSV/SAR- /26/03/2025/ 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5