Muniyandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Seventh day of August Two Thousand Twenty PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM and The Hon`ble Mrs.Justice T.KRISHNAVALLI IN CRL A(MD) No.250 of 2020 MUNIYANDI ... APPELLANT/ACCUSED NO.4 Vs THE STATE BY, THE INSPECTOR OF POLICE THIRUPPACHETHI POLICE STATION, SIVAGANGAI DISTRICT CRIME NO.124/2010 ... COMPLAINANT/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 of Imprisonment imposed by the Principal District Sessions Court, Sivagangai District at Sivagangai in S.C.No.

105 of 2012 by the judgment dated on 27/02/2020 and to enlarge the Appellant/Petitioner on bail , pending disposal of the Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of MR.T.KUMAR, Advocate for the petitioner and of MR.R.ANANDHARAJ, Additional Public Prosecutor, on behalf of the Respondent, the court made the following order:- [Order of the Court was made by K.KALYANASUNDARAM, J.] The petitioner herein has been arrayed as accused No.4 in the Sessions Case No.105 of 2012, on the file of the Principal Sessions Court, Sivagangai.

2. There were totally 18 accused as per the charge sheet. It is stated that during the pendency of trial, two accused passed away and the other 16 accused were tried and convicted by the Trial Court. The conviction and sentence imposed on the petitioner herein are as follows:

Accused Section of Law Sentence of imprisonment 1/4

To undergo rigorous imprisonment for three

(3) years and to pay a fine of Rs.1,000/-, in default to undergo rigorous imprisonment for three (3) months.

148 I.P.C.

To undergo life imprisonment and to pay a fine of Rs.2,000/-, in default to undergo rigorous imprisonment for three (3) months.

302 r/w 149 I.P.C.

A4 To undergo rigorous imprisonment for three

(3) years and to pay a fine of Rs.1,000/-, in default to undergo rigorous imprisonment for three (3) months, for each count.

326 r/w 149 I.P.C.

(2 counts) To undergo rigorous imprisonment for three

(3) years and to pay a fine of Rs.1,000/- , in default to undergo rigorous imprisonment for three (3) months, for each count.

324 r/w 149 I.P.C.

(2 counts)

3. Challenging the conviction and sentence imposed by the learned Sessions Judge, the petitioner herein, namely, A4 filed the above criminal appeal and during the pendency of the criminal appeal, he has filed the present criminal miscellaneous petition for suspension of sentence.

4. The case of the prosecution is that it is an usual practice of the people from Mudukulathur and Kadaladi to bring their goats and make them to stay in the agricultural fields of Kachanatham Village in Sivagangai District. In regard to the stay of goats, there was a dispute between the deceased and one Muniyandi (A4). On 30.08.2010, at 10.00 a.m. Chandrakumar (P.W.1) went to A4's house to enquire about the issue, where wordy quarrel arose between them. On the same day at 02.30 p.m. it is stated that when the witnesses Chandrakumar (P.W.1), his brother Sureshkumar (P.W.2), Pandi (P.W.3) and Mathi @ Mathiyalagan (P.W.4) were discussing the issue, the accused came with aruval and attacked the deceased with deadly weapons. In the course of the occurrence, some of the witnesses have also sustained injuries.

The overt act attributed against the petitioners 1 and 2 herein / A2 and A3 is that while they caughthold of the deceased, A8 caused injury on his right thumb and the overt act attributed against the petitioners 3 and 4 herein / A7 and A10 is that they caused injury on P.W.1, while A9 caught hold of him.

5. Mr.T.Kumar, learned Counsel for the petitioner, would submit that as per the prosecution case, the accused 1 and 4 caused injury on the deceased, which led to his death and it is the further case of the prosecution that after A1 attacked the deceased, when he attempted to run away from the scene of occurrence, A2 and A3 caught hold of the deceased and A8 caused injury on his right thumb. It is also contended that A7 and A10 are said to have caused injury on P.W.1, while A9 caught hold of him, but there is no corresponding 2/4

injury. According to the learned Counsel, P.W.1 sustained only simple injury and this Court has also suspended the sentence imposed on the similarly placed co-accused, namely, A11, A12, A13, A15 and A16.

6. Per contra, Mr.R.Anandharaj, learned Additional Public Prosecutor, would argue that A4 has felicitated the other accused to attack the deceased and hence, he is not entitled for suspension of sentence and the injury sustained by P.W.1 is grievous in nature. The learned Additional Public Prosecutor would further submit that the petitioner is a member of unlawful assembly and the Trial Court has rightly convicted the Petitioner for the offence committed by him.

7. A perusal of the records would reveal that the prosecution has come before the Court alleging that on 30.08.2010, at 02.30 p.m., all the accused came with deadly weapons and one Sekar attacked the deceased on his stomach and thereafter, A1 caused injury on his chest and shoulder. When the deceased tried to run away from the scene of occurrence, A2 and A3 caught hold of the deceased and A8 attacked the deceased and caused injury on his right thumb. Further, while A9 caught hold of P.W.1, A7 and A10 caused injury on him. It is evident from the records that the petitioner herein did not cause any injury on the deceased. Further, as rightly pointed out by the learned Counsel, this Court has also suspended the sentence imposed on the co-accused, namely, A11, A12, A13, A15 and A16, who are similarly placed that of the petitioners herein.

8. Considering the above facts and circumstances of the case, we are inclined to suspend the substantive sentence of imprisonment imposed on the petitioner herein.

Accordingly, the criminal miscellaneous petition is allowed and the substantive sentence of imprisonment imposed on the Petitioner/A4 alone is suspended, subject to the following conditions:

i. The petitioner is directed to be enlarged on bail on his executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties, of whom, one should be a blood related surety, each for a like sum to the satisfaction of the learned Judicial Magistrate, Manamadurai.

ii. The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Committal Court may obtain a copy of their Aadhar Card or Bank passbook to ensure their identity. iii. The petitioner shall stay at Madurai and appear before the learned Judicial Magistrate, Manamadurai, at 10.30 a.m. on the first working day of every English Calendar month, until further orders. iv. It is made clear that the petitioner shall not enter into the jurisdiction of the respondent/Police.

v. On any particular date, if the petitioner is not able to appear, leave is granted to the petitioner to file application under Section 3/4

317 Cr.P.C. and appear before the Committal Court on any other day, as determined by the Committal Court, in lieu of the day on which they would absent.

sd/- 27/08/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

TO 1.THE PRINCIPAL DISTRICT SESSIONS JUDGE, SIVAGANGAI 2.THE JUDICIAL MAGISTRATE, MANAMADURAI, SIVAGANGAI DISTRICT 3.DO THROUGH THE CHIEF JUDICIAL MAGISTRAT, SIVAGANGAI DISTRICT 4.THE SUPERINTENDENT, CENTRAL PRISON, MADURAI 5.THE INSPECTOR OF POLICE THIRUPPACHETHI POLICE STATION, SIVAGANGAI DISTRICT.

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

+1.CC to M/s.T.KUMAR, Advocate ( SR-6162[I] dated 28/08/2020 ) ORDER IN IN CRL A(MD) No.250 of 2020 Date :27/08/2020 VSN PK/JC/SAR-2/31.08.2020 : 4P/8C 4/4