Madras High Court
K.Kothandapani vs The State Of Tamilnadu on 26 April, 2023
Crl.M.P.No.5914 of 2023 in Crl.A.No.479 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.04.2023
CORAM
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
Crl.M.P.No.5914 of 2023
in
Crl.A.No.479 of 2023
K.Kothandapani ... Petitioner
/vs/
The State of Tamilnadu
Rep. by its the Inspector of Police,
Roshanai Police Station, Tindivanam,
Villupuram District. ... Respondent
Prayer : Criminal Miscellaneous Petition filed under section 389(i) of
Cr.P.C., to suspend the sentence, dated 31.03.2023 awarded against the
petitioner in Sessions Case No.125 of 2020 on the file of the II Additional
District and Sessions Judge, Tindivanam pending disposal of the above
appeal.
For Petitioner ... Mr.R.Veeramani
For Respondent ... Mr.A.Gokulakrishnn
Additional Public Prosecutor
1/6
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.5914 of 2023 in Crl.A.No.479 of 2023
ORDER
This Criminal Miscellaneous Petition has been preferred seeking to
suspend the sentence imposed on the petitioner in Sessions Case No.125 of
2020 on the file of the II Additional District and Sessions Judge, Tindivanam
dated 31.03.2023, pending disposal of the above appeal.
2. The petitioner, who is the sole accused in Sessions Case No.125 of
2020 is convicted and sentenced by the trial court, by its judgment dated
31.03.2023 as follows;
Petitioner's Provision under Sentence
Rank which convicted
Sole U/s.294[b] IPC To pay a fine of Rs.1,000/-, in default in
accused payment of fine, to undergo 2 weeks SI
U/s.332 IPC To undergo 6 months SI and a fine of
Rs.1,000/- in default to undergo 3 months
SI
U/s.3[1] of To undergo 1 year SI and a fine of
TNPPDL Act Rs.16,600/-, in default in payment of fine,
to undergo one month SI
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.5914 of 2023 in Crl.A.No.479 of 2023
The sentences imposed on the accused are to run concurrently and the
detention period already undergone by the accused is Ordered to be set off
under section 428of Cr.P.C.
3. Aggrieved over the judgment of conviction and sentence imposed on
the petitioner in Sessions Case No.125 of 2020, the petitioner has filed the
present criminal appeal, along with the instant miscellaneous petition,
seeking suspension of sentence and bail.
4. The learned counsel for the petitioner would submit that the basic
foundation of the complaint was not written by the defacto complainant, but
has been written by P.W.3, who is not present at the scene of occurrence or
an eye witness and there is a doubt as to very genesis of the complaint.
Hence, the learned counsel for the petitioner would further submit that there
are arguable points in this appeal and the petitioner has every chance to
succeed in this Criminal appeal and the petitioner has been in incarceration
since 31.03.2023. Thus, he prayed for suspension of sentence till the
disposal of this Criminal appeal.
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.5914 of 2023 in Crl.A.No.479 of 2023
5. Heard the learned counsel for the petitioner and learned Additional
Public Prosecutor and perused the complaint, FIR and evidence of the
witnesses and other material evidence available on record.
6. On a perusal of the evidence of witnesses, it is noticed that the
petitioner has raised substantial grounds in the appeal which require detailed
appraisal and considering the submissions of the learned counsel appearing
for the petitioner and further fact that the appeal is not likely to be taken up
in the near future, this Court is of the view that the petitioner is entitled to the
relief of suspension of sentence and bail.
7. Accordingly, the relief of suspension of sentence imposed on
petitioner is suspended on the following conditions :
(i)The substantive sentence of imprisonment alone
is suspended and the appellant shall surrender before the
concerned Court within two weeks from the date of receipt
of a copy of this order and on such surrender, the appellant
is ordered to be released on bail on his executing 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 Trial Court;
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Crl.M.P.No.5914 of 2023 in Crl.A.No.479 of 2023
(ii) The petitioner and the sureties shall affix their
photographs and Left Thumb Impression in the surety
bonds and the trial Court may obtain a copy of their
Aadhaar card or Bank pass Book to ensure their identity;
and;
(iii) The petitioner shall appear before the trial Court
as and when required.
26.04.2023
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To
1. The II Additional District and Sessions Judge, Tindivanam
2. The Inspector of Police,
Roshanai Police Station,
Tindivanam, Villupuram District
3. The Public Prosecutor, High Court, Madras.
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.5914 of 2023 in Crl.A.No.479 of 2023
V.SIVAGNANAM, J.
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Crl.M.P.No.5914 of 2023
in
Crl.A.No.479 of 2023
26.04.2023
https://www.mhc.tn.gov.in/judis
