Sri Krishnan @ Chellam v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fourth day of September Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice G.ILANGOVAN IN CRL A(MD) No.419 of 2024 1 SRI KRISHNAN @ CHELLAM 2 SRIDEV ... Petitioners / Appellants / Accused No.2& 3 Vs THE INSPECTOR OF POLICE, KANYAKUMARI POLICE STATION, KANYAKUMARI DISTRICT.

(CRIME NO.260/2018.) ... Respondent / Respondent Criminal Miscelaneous 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 imposed against the petitioners in S.C.No. 173/2019 dated 08.04.2024 passed by the Learned II Additional Assistant Sessions Judge, Nagercoil and enlarge the petitioners on bail pending disposal of the above appeal. Prayer in CRL A(MD) No.419 of 2024:

To call for the records in S.C.No.173 of 2019 dated 08.04.2024 passed by the learned II Additional Assistant Sessions Judge, Nagercoil and to set aside the same. Order : This criminal miscellaneous petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/s.G.KARUPPASAMYPANDIYAN, Advocate for the petitioners and of 1/7

Mr.M.SAKTHI KUMAR, Government Advocate (Crl. side) on behalf of the Respondent, the Court made the following order:- This Criminal Miscellaneous Petition is filed to suspend the sentence imposed by the II Additional Assistant Sessions Judge, Nagercoil in SC No.173 of 2019, dated 08/04/2024 and enlarge the petitioners/A2 and A3 on bail, pending disposal of the above said Criminal Appeal.

2.The case of the prosecution in brief:- PW1 and PW4 were loving each other. On 10/10/2018, PW1 and PW4 planned to surrender before the Kanyakumari Police station for police protection. The love affair was opposed by the family members. On 12/10/2018, when they were proceeding to Kanyakumari Police Station in a Car bearing registration No.TN-09BR-8925, the accused persons intercepted the Car with two Cars. All the accused armed with deadly weapons, constituted unlawful assembly and they indiscriminately assaulted PW1 to PW3 by using sickle, sticks and wooden log and abducted PW4 from the custody of PW1. On the basis of the complaint given by PW1, the case was registered against the accused persons. 3.The trial court found all the accused guilty of various offences detailed in the judgment, which need not be repeated hereunder. 4.Against the convention and sentence, all the accused filed this criminal 2/7

appeal. Pending appeal, this criminal miscellaneous petition is filed by the petitioners/A2 and A3 seeking suspension of sentence and release them on bail. 5.Heard both sides 6.While passing the order in Crl.MP(MD)No.5234 of 2024 in Crl.A(MD)No.419 of 2024, dated 09/08/2024, the following observation was made by this court:- "10.But perusal of the entire records shows that A1 was not in favour of the love affair between PW1 and PW4. Being the daughter, PW4 naturally supported the case of A1. Now she got married and living peacefully with children. 11.It is also seen that on the date of the occurrence, the accused went to rescue or abduct PW4 from the custody of the PW1. Enough though, material is available to show that the occurrence really happened, but the problem lies, who assaulted whom and what was the weapon used.

PW1 to PW3 suffered grievous injuries. They have spoken clearly about the involvement of A1 to A3. But regarding others, there is no proper evidence with regard to the identification. Subsequent to the occurrence, it appears that no identification parade was also conducted.

were identified by the prosecution witnesses during the course of the trial, since they are relatives. 12.Whether A4 to A7 really involved in the occurrence and whether they shared conspiracy with A1 is a matter for consideration at the time of appeal. But there is enough material against A1 to A3. So, it is too premature stage to consider their request for suspension.

13.Regarding A4 to A7, as noted above, identification has not been properly established. More-over, it is also seen that there was no intention on the part of the accused to cause death to any one of the prosecution witnesses. Their aim was only to rescue PW4.

14.Even though, it is submitted on the side of the accused that they also suffered injuries, but no complaint was given. There is material contradiction between the earlier complaint given by PW1 and the present subject complaint. So, whether the offence under section 307 IPC made out is doubtful and which offence is made out against A1 and A3 can be considered at the time of appeal. So, regarding A1 to 4/7

A3, as mentioned above, it is too premature stage to grant suspension of sentence to them. Regarding others namely A4 to A7, they are entitled for suspension of sentence." 7.Now this petition has been filed within a month seeking suspension of sentence on the additional ground. It has been made by the petitioner that A1's wife is admitted in the hospital for spinal-chord injury, underwent surgery and now discharged from the hospital with the advise to take rest. In respect of A2, it has been stated that he is the son of A1 and even as per the allegation made by the prosecution, he used the stick at the time of the occurrence, that was also considered at the time of the passing the earlier order. But at that time, this court was of the opinion that the judgment was of recent origin. 8.

But considering the above said development in the form of surgery of the A1's wife and the medical records supported the admission, without going into the other aspects, this criminal miscellaneous petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the appeal and the petitioners are directed to be enlarged on bail on condition that they shall execute a bond for a sum of Rs.

Sessions Judge, Nagercoil and on further condition that they must report before the said court on the first working day of every week at 10.30 am until further orders. sd/- 24/09/2024 / TRUE COPY / 24/09/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

ER To 1.The II Additional Assistant Sessions Judge, Nagercoil.

2.The Inspector of Police, Kanyakumari Police Station, Kanyakumari District.

3.The Superintendent, Central Prison, Palayamkottai.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN IN CRL A(MD) No.419 of 2024 Date :24/09/2024 6/7

ED/ /SAR- (24/09/2024) 7P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7