Manikandan vs State By
2021 Latest Caselaw 11292 Mad

                                                                             Crl.MP No.5666 of 2021



                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               Dated : 05.05.2021

                                                      CORAM :

                             THE HON'BLE Mr.JUSTICE G.R.SWAMINATHAN

                                            Crl.MP No.5666 of 2021 in
                                              Crl.A.No.232 of 2021

                  1. Manikandan
                  2. Sathyavathy                                            ... Petitioners
                                                        Vs.

                  State by
                  The Inspector of Police,
                  H-3, Tondaiyarpet Police Station,
                  Chennai.
                  (CR.No.1217/2016)                                         ... Respondent


                  PRAYER: Criminal Miscellaneous Petition is filed under Section 389 (1) of
                  Criminal Procedure Code, to suspend the sentence imposed on the petitioners
                  in S.C.No.359 of 2017 dated 24.02.2021, by the learned Sessions Judge,
                  Mahila Court, Chennai and to enlarge the petitioner on bail pending disposal
                  of the Criminal Appeal.


                                     For Petitioners      : Ms.A.Madhumathi for
                                                            Mr.C.P.Palanichamy

                                     For Respondent       : Mrs.Saradha,
                                                            Government Advocate


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                                                                               Crl.MP No.5666 of 2021



                                                   ORDER

(The case has been heard through video conference) Heard the learned counsel for the petitioners and the learned

Government Advocate appearing for the respondents.

2. The petitioners faced trial in S.C.No.359 of 2017 on the file of the

learned Sessions Judge, Mahila Court, Chennai by the impugned Order and

Judgment dated 24.02.2021. They were found guilty under Sections 498 A

and 306 of IPC and they have been sentenced to 3 years and 10 years

imprisonment respectively.

3. The learned counsel for the petitioners would state that the

marriage between the 1st accused and the deceased was solemnized on

21.08.2016. The deceased was brought up in Mumbai. After Marriage, she

was moved to a joint family at Tondiarpet and she got early pregnancy and

according to prosecution, due to mental cruelty and continuous harassment, on

19.11.2016, the deceased committed suicide.

http://www.judis.nic.in Crl.MP No.5666 of 2021

4. The contention of the appellants' counsel is that the deceased

appears to undergone Culture shock and that appears to be the reason for

committing suicide. She draws my attention to the inquest report, in which

the RDO had recorded his conclusion that there was no dowry demand. The

appellants' counsel would state that this aspect was not given sufficient

attention by the Court below. Since, the appellants have arguable points in the

appeal, sentence is suspended. It is further pointed out by the appellants that

the appellants are in custody since the date of the Judgment. Bail is granted

subject to the following condition:

i. The Appellants/Accused shall execute a bond for a sum of

Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a

like sum to the satisfaction of the learned Sessions Judge, Mahila Court,

Chennai.

ii. The appellants / accused shall report before the trial Court on the

first working day of every English calender month at 10.30 am until further

orders

05.05.2021 (2/2)

vum/kas

http://www.judis.nic.in Crl.MP No.5666 of 2021

G.R.SWAMINATHAN, J.

vum/kas To

1. The Inspector of Police, H-3, Tondaiyarpet Police Station, Chennai.

2. The Sessions Judge, Mahila Court, Chennai.

3. The Central Prison, Puzhal, Chennai

2. The Public Prosecutor, Madras High Court, Chennai.

Crl.MP No.5666 of 2021 in Crl.A.No.232 of 2021

05.05.2021

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