Madras High Court
Muttai Ramesh @ Ramesh vs State Through Its on 14 June, 2021
Crl.M.P.No.5122 of 2021
in Crl.A.No.181 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.06.2021
CORAM
THE HONOURABLE MR. JUSTICE P.N.PRAKASH
AND
THE HONOURABLE MR. JUSTICE R.PONGIAPPAN
Crl.M.P.No.5122 of 2021
in
Crl.A.No.181 of 2021
Muttai Ramesh @ Ramesh .. Petitioner/A2
Vs.
State through its
Inspector of Police,
R8 Vadapalani Police Station.
Chennai.
(Crime No.1843 of 2011) .. Respondent/Respondent
Criminal Miscellaneous Petition filed under Section 389 (1) Cr.P.C.
Read with Section 439 Cr.P.C., to suspend the sentence imposed on the
petitioner by judgment and order dated 03.07.2019 passed in S.C.No.457 of
2012 on the file of the learned VI Additional Sessions Judge, Chennai and to
enlarge the petitioner on bail pending disposal of the appeal.
For Petitioner : Mr.S.Panneer Selvam
For Respondent : Mr.R.Muniyapparaj
Government Advocate (Crl.Side)
https://www.mhc.tn.gov.in/judis/
1/8
Crl.M.P.No.5122 of 2021
in Crl.A.No.181 of 2021
ORDER
(Order of the Court was made by R.PONGIAPPAN, J.)
This criminal miscellaneous petition has been preferred by Accused
No.2, seeking to suspend the sentence imposed on him, by judgment and
order dated 03.07.2019 passed in S.C.No.457 of 2012 on the file of the
learned VI Additional Sessions Judge, Chennai and to enlarge him on bail
pending disposal of the appeal.
2. In the above referred Sessions Case, the petitioner/Accused
No.2, was convicted under Section 302 and 302 read with 109 of IPC and
sentenced to undergo life imprisonment.
3. Challenging the above conviction and sentence, the petitioner
has filed Crl.A.No.181 of 2021 along with the instant miscellaneous petition
seeking suspension of sentence and bail.
4. Heard Mr.S.Paneer Selvam, learned counsel for the petitioner
and Mr.R.Muniyapparaj, learned Government Advocate (Crl.Side) appearing
for the respondent/State.
https://www.mhc.tn.gov.in/judis/
Crl.M.P.No.5122 of 2021
in Crl.A.No.181 of 2021
5. The case of the petitioner is that the deceased Vijikuttan was
working along with one Melvin Joseph. As Melvin Joseph asked Vijikuttan
for a sum of Rs.30,000/- as loan, he borrowed the said amount from his
friend Raja and handed over the same to the deceased. As the said deceased
Vijikuttan did not repay the loan amount borrowed even after repeated
demands, the said Raja informed the matter to the 1st accused, who is none
other than his brother-in-law. The 1st accused along with the petitioner and
the 3rd accused went to the house of Vijikuttan and demanded the money and
also threatened to do away with his life. In pursuance of the above, on
16.12.2011, at about 22.00 hours, when Vijikuttan was in his house, the
1st accused called him over phone. When Vijikuttan came out of the house,
under the street light at Alagiri Nagar 4th Street, the Accused Nos.1 to 3
picked up quarrel with Vijikuttan asking the money lent by his brother-in-law
Raja. At the same time, at about 22.30 hours, the petitioner and Accused
No.3, caught hold of Vijikuttan's hands and thereafter, the 1st accused stabbed
with knife on Vijikuttan's chest, stomach, face and neck repeatedly, as a
sequel to which, the said Vijikuttan had died. Thereby, the Accused Nos.1 to
3 are said to have committed the offence punishable under Section 302 read
with Section 34 IPC. The trial Court, by placing reliance upon the evidence
of PW1 to PW17 coupled with the recovery, rendered conviction.
https://www.mhc.tn.gov.in/judis/
Crl.M.P.No.5122 of 2021
in Crl.A.No.181 of 2021
6. Mr.S.Panneer Selvam, learned counsel for the petitioner
submitted that by order dated 23.12.2020, this Court had granted bail to
Accused Nos.1 and 3. According to him, the scribe who helped PW1 to write
the complaint, has not been examined. She (the scribe) is also stated to have
told PW2 that somebody has committed the offence. PW2 has also stated
that he was informed over phone that the deceased was done away with, by
some persons. This was the statement given by PW2 to him. PW6, who is
the other eye witness could not have witnessed the occurrence. Therefore, in
view of the above, there is a serious doubt over the very complaint at the
instance of PW1. As against Accused No.2/petitioner herein, even as per the
case of the prosecution, he only caught hold of the deceased. He was not
having any motive to kill the deceased.
7. Mr.R.Muniyapparaj, learned Government Advocate (Crl.Side),
submitted that the witnesses, examined as eye witnesses, cannot be stated as
interested witnesses merely because there were minor contradictions in the
evidence of PW1 to PW3 and it cannot be said that the entire occurrence is a
false one.
https://www.mhc.tn.gov.in/judis/
Crl.M.P.No.5122 of 2021
in Crl.A.No.181 of 2021
8. From the above submissions, we do find that substantial issues
are involved both on facts and law. The evidentiary value of PWs.1, 2 and 6
are to be considered, to come to a conclusion as to whether the prosecution
has proved its case beyond reasonable doubt. The very case of the
prosecution is that the deceased, after receiving money, did not repay after
pledging jewels. The overt act as against Accused No.2/petitioner herein, is
that only he caught hold of the deceased. More than that, the petitioner has
been under incarceration from 08.06.2016 onwards. Thus, considering the
above, we are inclined to suspend the sentence.
9. Accordingly, the relief of suspension of sentence and bail is
granted to the petitioner on the following conditions:
(a) Considering the COVID-19 pandemic and lockdown
restrictions, initially, the petitioner shall execute his own bond
for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only)
before the Superintendent of the Central Prison, Puzhal,
Chennai, in which the petitioner is confined and on such
execution of the bond, the petitioner shall be released from
prison;
https://www.mhc.tn.gov.in/judis/
Crl.M.P.No.5122 of 2021
in Crl.A.No.181 of 2021
(b) After the lockdown restrictions are lifted and normalcy is
restored, the petitioner shall execute a bond for a sum of
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 Sessions
Judge, Chennai, failing which, the suspension of sentence and
bail granted by this Court shall stand automatically dismissed.
The bond shall be executed within a reasonable period of one
month from the date the lockdown restrictions are lifted.
(c) If for any reason, the petitioner is not able to execute the
bond within the specified time, the petitioner shall approach this
Court and file a petition seeking extension of time for the same.
(d) While executing the bond, the sureties shall furnish proof of
identity and the sureties shall affix their photographs and left
thumb impression in the surety bond and the trial Court shall
obtain a copy of their Aadhar card or Voter ID or Driving
license or Bank pass Book to ensure their identity.
(e) After the execution of the bond before the learned VI
Additional Sessions Judge, Chennai, the petitioner shall appear
before the respondent/police everyday at 10.30 a.m. for a period
of four weeks and thereafter, the petitioner shall appear before
the trial Court on the first working day of every month at
10.30a.m. until the disposal of the appeal and if he is not able to
https://www.mhc.tn.gov.in/judis/
Crl.M.P.No.5122 of 2021
in Crl.A.No.181 of 2021
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.
(P.N.P.,J.) (R.P.A.,J.)
14.06.2021
Note to office:
Issue order copy today.
ars
To
1. The VI Additional Sessions Judge,
Chennai
2. The Superintendent of Prison,
Central Prison, Puzhal.
3. The Inspector of Police,
R8 Vadapalani Police Station, Chennai.
4. The Public Prosecutor,
Madras High Court, Chennai – 600 104.
https://www.mhc.tn.gov.in/judis/
Crl.M.P.No.5122 of 2021
in Crl.A.No.181 of 2021
P.N.PRAKASH, J.
and
R.PONGIAPPAN, J.
ars
Crl.M.P.No.5122 of 2021
in Crl.A.No.181 of 2021
14.06.2021
https://www.mhc.tn.gov.in/judis/
