Madras High CourtCRL MP(MD)/6811/2018ordered

Ilankumaran v. The Inspector Of Police

2018-09-18Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighteenth day of September Two Thousand Eighteen The Hon`ble Mr.Justice N.ANAND VENKATESH PRESENT CRL MP(MD) No.6811 of 2018 IN CRL A(MD) No.392 of 2018 ILANKUMARAN ... PETITIONER/APPELLANT Vs STATE REP. BY THE INSPECTOR OF POLICE, THADIKOMBU POLICE STATION, DINDIGUL DISTRICT.

(CR NO.316 OF 2016) ... RESPONDENT/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 imposed by the Learned Sessions Judge (Fast Track) Court, Dindigul in S.C.No.61/2016 dated 14/09/2016 pending disposal of the above Crl.A.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.J.SELVAM, Advocate for the petitioner and of MR.K.SUYAMBULINGABHARATHI, Government Advocate (Crl.Side) on behalf of the Respondent, the court made the following order:- The petitioner faced the trial for an offence under Section 302 IPC. Ultimately, the Court below found the petitioner guilty for an offence under Section 304 (I) of IPC and imposed punishment of 10 years Rigourous Imprisonment and fine of Rs.1,000/- and in default six months Simple Imprisonment.

2.The learned counsel for the petitioner would submit that the petitioner is inside the jail for more than two years from 14.09.2016. The learned counsel has also raised several grounds in the appeal questioning the judgment of the Court below. The entire dispute seems to have ended in the death of the petitioner's wife due to grave and sudden provocation. It will take some more time for this Court to hear this appeal finally.

3.Taking into consideration the facts and circumstances of the case, there shall be a suspension of sentence imposed by the learned Sessions Judge, Mahila (Fast Tract) Court, Dindigul in S.C.No.61 of 2016, dated 14.09.2016 pending disposal of this appeal and the petitioner shall be released on bail on the following conditions. https://hcservices.ecourts.gov.in/hcservices/

1. The petitioner shall execute a bond for a sum of Rs.10,000/- to the satisfaction of the trial Court with two sureties for a like sum.

2. The petitioner shall appear before the Sessions Court, Mahila (Fast Track) Court, Dindigul, every month on the first working day at 10.30 a.m. pending disposal of this Criminal Appeal. sd/- 18/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, DINDIGUL.

2 -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL 3 THE SESSIONS JUDGE, (FAST TRACK) COURT, DINDIGUL.

4 THE INSPECTOR OF POLICE, THADIKOMBU POLICE STATION, DINDIGUL DISTRICT. 5 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

+1. C.C. to M/S.J.SELVAM Advocate SR.No.17710

ORDER

IN CRL MP(MD) No.6811 of 2018 IN CRL A(MD) No.392 of 2018 Date :18/09/2018 JM/VR MMS/SAR 3/19.09.2018/2P/8C https://hcservices.ecourts.gov.in/hcservices/