C.Manikandan 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.1036 of 2024 C.Manikandan S/o Chidamparanathan @ Durai, Chetty Street, Parakkai, Kanyakumari District.

Petitioner(s) Vs The State of Tamil Nadu Rep by The Inspector of Police, Suseenthram Police Station, Suseenthram. Nagarkovil. Cr No. 369/2013.

Respondent(s) For Petitioner(s):

M/S.T.J.Ebenezer Charles, Advocate For Respondent(s):

Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

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

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2. The petitioner was convicted for the offences under Section 364 of IPC and sentenced to undergo 7 years rigorous imprisonment and imposed a fine amount of Rs.5,000/- in default to undergo six months simple imprisonment and under Section 302 r/w 34 of IPC and sentenced to undergo life imprisonment and a fine amount of Rs.10,000/- in default to undergo one year simple imprisonment.

3. 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.

4. Accordingly, this Criminal Miscellaneous Petition is ordered and the sentence imposed on the petitioner vide Judgment dated 21.02.2024 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 Additional District and Sessions Judge, Fast Track Court, Kanyakumari Distric, Nagerkovil. ii. The sureties shall affix their photographs and Left Thumb Impression 2/4

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 Additional District and Sessions Judge, Fast Track Court, Kanyakumari Distric, Nagerkovil, 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.

5. 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 ADDITIONAL DISTRICT SESSIONS JUDGE, FAST TRACK COURT, KANYAKUMARI DISTRICT NAGARKOVIL 3/4

2 THE INSPECTOR OF POLICE, SUSEENTHRAM POLICE STATION, SUSEENTHRAM.

NAGARKOVIL.

3 THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI.

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

+1 CC to M/s.P.KALAIYARASI BHARATHI, Advocate ( SR-975[I] dated 28/01/2025 )

ORDER

IN CRL MP(MD) No.12825 of 2024 in Crl.A.(MD)No.1036 of 2024 Date :28/01/2025 SS/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