Pandiarajan @ Pandiaraja v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of August Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI in CRL.A.(MD)No.351 of 2021 PANDIARAJAN @ PANDIARAJA ... PETITIONER/ACCUSED Vs THE STATE REP.BY, THE INSPECTOR OF POLICE THENI POLICE STATION, THENI DISTRICT.
CRIME NO.913 OF 2016. ... RESPONDENT/ COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to enlarge the petitioner on bail by suspending the sentence imposed by the Additional district and Sessions Judge(Fast Track Court), Theni, Theni District in SC.No.75 of 2017 vide his judgment dated 22.01.2020 pending the disposal of the main Criminal Appeal. Prayer in CRL.A.(MD)No.351 of 2021:
To Call for the entire records pertaining to the judgment delivered by the learned Additional district and Sessions Judge(Fast Track Court), Theni, Theni District in SC.No.75 of 2017 vide judgment dated 22.01.2020 and set aside the same and consequently acquit the appellant honourably.
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.K.N.BALASUBRAMANIAN, Advocate for the petitioner and of MR.RMS.SETHURAMAN, Counsel for State (Criminal Side) on behalf of the Respondent, the court made the following order:- This Criminal Miscellaneous Petition is filed to suspend the sentence imposed in S.C.No.75 of 2017, dated 22.01.2020 by the learned Additional District and Sessions Judge (Fast Track Court), Theni, Theni District and enlarge the petitioner/accused on bail pending disposal of the Criminal Appeal.
2.The learned counsel appearing for the petitioner submitted that the petitioner has been convicted by the trial Judge, for the alleged offence under Section 324 IPC, and sentenced him to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.5,000/-, in default to undergo simple imprisonment for a period of six months in S.C.No.75 of 2017 on the file of the learned 1/3
Additional District and Sessions Judge (Fast Track Court), Theni, Theni District.
3.It is submitted by the learned counsel appearing for the petitioner that there are several infirmities in the prosecution case and further there are contradictions in material particulars between the evidence of the prosecution witnesses and he prayed for suspension of sentence.
4.It is submitted by the learned counsel appearing for State Government (Crl.side) that there are enough materials available on record against the petitioner as per the evidence adduced by the prosecution and there is no infirmity in the prosecution case and he strongly opposed to grant suspension of sentence. 5.This Court has carefully considered the rival contentions put forward by either side and also perused the materials available on record.
6.The learned counsel appearing for the petitioner pointed out that 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 grant of suspension of sentence.
7.Accordingly, the suspension of sentence petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the appeal on the following conditions:- (i)the petitioner is directed to be enlarged on bail on condition that the petitioner 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 Additional District and Sessions Court (Fast Track Court), Theni;
(ii)and on further condition that the petitioner shall appear before the said Court once in a week i.e., on the first working day of every week at 10.30 a.m. pending appeal.
sd/- 19/08/2021 / 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 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 ADDITIONAL DISTRICT AND SESSIONS JUDGE (FAST TRACK COURT), THENI, THENI DISTRICT.
2 THE INSPECTOR OF POLICE, THENI POLICE STATION, THENI DISTRICT.
3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN in CRL.A.(MD)No.351 of 2021 Date :19/08/2021 VSD MK/VR/SAR.III/19.08.2021/3P/5C 3/3