Vendaraja v. The Inspector Of Police
Crl.M.P(MD)No.11989 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourteenth day of March Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice R.SUBRAMANIAN and The Hon`ble Mr.Justice N.SATHISH KUMAR Crl.M.P(MD)No.11989 of 2021 in Crl.A(MD)No.204 of 2021 VENDARAJA ... PETITIONER/ PETITIONER / APPELLANT Vs THE STATE REP.BY, THE INSPECTOR OF POLICE ALANGULAM POLICE STATION, VIRUDHUNAGAR DISTRICT (CRIME NO.206 OF 2015) ... RESPONDENT/ RESPONDENT / RESPONDENT 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 passed by the learned Fast Track Mahila court, Virudhunagar District at Srivilliputhur in Sessions Case No.73 of 2016, dated 18.02.2021 and grant bail to the petitioner till disposal of the Criminal Appeal.
Prayer in Crl.A(MD)No.204 of 2021:
To call for the records and allow this appeal and acquit the appellant from all the charges by setting aside the impugned Judgment passed by the Learned Fast Track Mahila Court, Virudhunagar District at Srivilliputhur in Sessions Case No.73 of 2016 dated 18.02.2021.
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.L.GEORGE PAUL ANTO, Advocate for the petitioner and of MR.A.THIRUVADIKUMAR, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- The petitioner seeks suspension of life sentence imposed on him for the offence under Section 302 I.P.C., vide judgment dated 18.02.2021 in S.C.No.73 of 2016 on the file of the Fast Track Mahila Court, Virudhunagar District at Srivilliputtur.
2. Heard Mr.L.George Paul Anto, learned counsel for the petitioner and Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor for the State.
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Crl.M.P(MD)No.11989 of 2021
3. The petitioner appears to have been convicted only on the basis of the evidence of P.Ws.2 and 9. Though the learned counsel for the petitioner would attempt to point out the contradictions in the evidence, to support his submission for grant of suspension, we do not propose to go into the sufficiency or otherwise of the evidence, which has been accepted by the trial Court, as it will have a bearing on the disposal of the appeal.
4. Considering the fact that the petitioner was on bail during trial and he has also been serving the sentence for nearly an year and it may take some time to hear the appeal, we deem it fit to suspend the sentence. Accordingly, the criminal miscellaneous petition is allowed and the substantive sentence of imprisonment imposed on the petitioner alone is suspended, subject to the following conditions:
i. The petitioner is directed to be enlarged on bail on executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Sattur.
ii.The petitioner shall appear before the Fast Track Mahila Court, Virudhunagar District at Srivilliputtur, at 10.30 a.m. on every Monday till the disposal of the appeal.
sd/- 14/03/2022 / TRUE COPY / 14/03/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE FAST TRACK MAHILA COURT, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
2 THE JUDICIAL MAGISTRATE NO.II,SATTUR.
3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
4 THE INSPECTOR OF POLICE ALANGULAM POLICE STATION, VIRUDHUNAGAR DISTRICT 5 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.
6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to MR.L.GEROGE PAUL ANTO,Advocate (SR-1979[I]dated 14/03/2022) ORDER IN Crl.M.P(MD)No.11989 of 2021 in Crl.A(MD)No.204 of 2021 Date :14/03/2022 MK/PN/SAR.I/15.03.2022/2P/8C https://hcservices.ecourts.gov.in/hcservices/ 2/2