Ponpandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23-01-2025

CORAM

THE HONOURABLE MR JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA AND CRL A(MD) NO. 713 OF 2024 Ponpandi S/o.Palavesamuthu, Sivananthakulam 2nd Street, Thoothukudi District.

Petitioner(s) Vs The Inspector of Police South Police Station, Thoothukudi District.

(Crime No.99/2013).

Respondent(s) For Petitioner(s):

Mr.K. Althaf Sheriff, Advocate M/s.Ajmal Associates For Respondent(s):

Additional Public Prosecutor

ORDER

(Order of the Court was made by the Hon'ble G.R.Swaminathan J.) Heard both sides.

2. The petitioner is figuring as accused No.2 in S.C.No.245 of 2017 on the file of 1/4

the II Additional District and Sessions Judge, Thoothukudi. He has been convicted by the learned Sessions Judge for the offence under Section 302 r/w. 34 IPC. and sentenced to undergo life imprisonment and under Section 506(2)IPC, he was sentenced to undergo seven years simple imprisonment.

3. The petitioner caught hold of the victim. The primary allegations are against the first accused and the third accused juvenile.

4. We are satisfied that the petitioner has arguable points in the main appeal. Accordingly, this Criminal Miscellaneous Petition is ordered and the imprisonment ordered by the trial Court through the impugned judgment dated 10.08.2024 is suspended subject to the following conditions:- i. The petitioner/ accused No.2 is directed to be enlarged on bail on executing a bond for Rs.25,000/- (Rupees twenty five thousand only), with two sureties, of whom, one should be a blood relative, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Thoothukudi.

ii. The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Court may obtain a copy of their Aadhar card or Bank passbook to ensure their identity. iii. The petitioner shall report before the learned Judicial 2/4

Magistrate No.I, Thoothukudi, in the first working day of every English calendar month at 10.30 a.m., until further orders and if she is not able to appear before the Court on any day, she shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the Court on any other day in lieu of the date of his absence, as directed by the Court.

sd/- 23/01/2025 / TRUE COPY / /01/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PMU TO 1 THE II ADDITIONAL DISTRICT & SESSIONS JUDGE, THOOTHUKUDI.

2 THE JUDICIAL MAGISTRATE NO.I, THOOTHUKUDI.

3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

5 THE INSPECTOR OF POLICE SOUTH POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1 CC to M/s.M/S.AJMAL ASSOCIATES, Advocate ( SR-744[I] dated 23/01/2025 )

ORDER

IN AND CRL A(MD) NO. 713 OF 2024 Date :23/01/2025 SA/SAR. /24.01.2025/4P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4