D.Lawrence @ Alphonse Lawrence v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Second day of July Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI IN CRL A(MD) No.252 of 2021 D.LAWRENCE @ ALPHONSE LAWRENCE ... APPELLANT/ ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, KULASEKERAPATTINAM POLICE STATION, THOOTHUKUDI.
CRIME NO.231 OF 2014.
... 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 passed by the learned Sessions Judge, Mahila Neethimandram(FTC),Tuticorin in SC.No.162 of 2016 through a Judgment dated 08.04.2021 and enlarge the petitioner on bail, pending disposal of Appeal.
PRAYER IN CRL A(MD) No.252 of 2021:
To admit this Appeal on file and call for the records from the Lower Court namely Magila Neethimandram/ Session Judge(Fast Track Court), Tuticorin in S.C.No.162 of 2016 and set aside the judgment passed in S.C.No.162 of 2016 on the file of Magila Neethimandram/ Session Judge(Fast Track Court), Tuticorin, dated 08.04.2021 and thereby Acquit the above Accused from the charges. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.KA.RAAMAKRISHNAN, Advocate for the petitioner and of Mr.RMS.SETHURAMAN, Counsel for state Government on behalf of the Respondent, the court made the following order:- This Criminal Miscellaneous Petition is filed to suspend sentence order passed by the Sessions Judge, Magila Neethimandram (FTC), Tuticorin, in S.C.No.162 of 2016, dated 08.04.2021 pending disposal of the criminal appeal.
2.The learned counsel appearing for the petitioner/Accused submitted that the petitioner was convicted by the trial court for 1/3
the offence under section 306 IPC and sentenced him to undergo 10 years RI and to pay Rs.1,000/-, as fine, in default to undergo 9 months RI.
3.The learned counsel appearing for the petitioner further submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and the death is homicidal without examining the Doctor, who conducted postmortem over the body of the deceased and that there are several infirmities in the prosecution case and there are contradictions in material particulars between the evidence of the prosecution witnesses and that the petitioner is in jail from 08.04.2021 and prays for suspension of sentence.
4.It is submitted by the learned counsel appearing for the State that the trial court on proper appreciation of evidence both oral and documentary, has rightly convicted the petitioner and there are enough materials available on record against the petitioner and there is no infirmity in the prosecution case and prays for dismissal of this petition.
5.This court has carefully considered the rival contentions put forth on either side and also perused the materials available on record.
6.The learned counsel for the petitioner pointed out certain infirmities and inconsistencies in this case and also certain contradictions in material particulars. The fact remains that there are arguable points involved in this criminal appeal and further the criminal appeal is not likely to be taken up for final hearing in the near future and as such, this court is of the considered view that the petitioner herein is entitled to the relief of suspension of sentence.
7.Accordingly, this petition is allowed and 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 shall execute 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 Sessions Judge, Magila Neethimandram (FTC), Tuticorin and on further condition that the petitioner shall appear before the said court daily twice I.e., at 10.30 am and 5.00 pm, pending appeal.
sd/- 02/07/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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Note:- In view of the present lock down owning 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 SESSIONS JUDGE, MAHILA NEETHIMANDRAM(FTC), TUTICORIN.
2 THE INSPECTOR OF POLICE, KULASEKERAPATTINAM POLICE STATION, THOOTHUKUDI.
3 THE SUPERINTENDENT,CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN IN CRL A(MD) No.252 of 2021 Date :02/07/2021 ER MS/PN/SAR-1/02.07.2021/3P.5C 3/3