Solairaja v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28-01-2025

CORAM

THE HONOURABLE MR JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA IN CRL A(MD) NO. 457 OF 2022 Solairaja S/o. Chinnapandi, T.V.K.Nagar, Kamarajapuram, Munisalai Road, Madurai-2.

Now confined at Central Prison, Madurai.

Petitioner(s) Vs The State of Tamil nadu Rep by The Inspector of Police, B5 South Gate Police station, Madurai Crime No. 336 of 2014 Respondent(s) For Petitioner(s):

Mr.G.Karuppasamypandiyan, Advocate For Respondent(s):

Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

Heard both sides.

2. The petitioner was convicted for the offences under Section 120(B) of IPC and sentenced to undergo life imprisonment and to pay a fine of Rs.10,000/- in default to 1/4

undergo 6 months simple imprisonment and under Section 148 of IPC, sentenced to undergo 3 years rigorous imprisonment and to pay a fine of Rs.10,000/- in default to undergo 3 months simple imprisonment and under Section 302 r/w 149 of IPC, sentenced to undergo life imprisonment and to pay a fine of Rs.10,000/- , in default, to undergo 6 months simple imprisonment.

3. There is no specific overt act as against this petitioner. This Court had granted suspension of sentence to two of the co-accused. The petitioner is entitled to invoke parity at this stage.

4. The petitioner is in incarceration since the date of Judgment. The petitioner has arguable points in the appeal. The appeal itself is not likely to be taken up 'for disposal' in the near future.

5. Accordingly, this Criminal Miscellaneous Petition is ordered and the sentence imposed on the petitioner vide Judgment dated 22.03.2022 is suspended subject to the following conditions:- i. The petitioner 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 VI Additional District and Sessions Judge, Madurai.

2/4

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 VI Additional District and Sessions Judge, Madurai, in the first working day of every English calendar month at 10.30 a.m., until further orders and if he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court.

6. This Criminal Miscellaneous Petition is allowed. sd/- 28/01/2025 / TRUE COPY / 30/01/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

RMI TO 1 THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, MADURAI.

2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

3/4

3 THE INSPECTOR OF POLICE, B5 SOUTH GATE POLICE STATION, MADURAI.

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

+1 CC to M/s.G.KARUPPASAMY PANDIYAN, Advocate ( SR-1012[I] dated 29/01/2025 )

ORDER

IN IN CRL A(MD) NO. 457 OF 2022 Date :28/01/2025 SA/SAR. /30.01.2025/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4