Madras High Court
Tamilselvan vs The Inspector Of Police on 26 April, 2023
Crl.M.P.No.5869 of 2023 in Crl.A.No.473 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.5869 of 2023
in
Crl.A.No.473 of 2023
Tamilselvan ... Petitioner
/vs/
The Inspector of Police,
Mayiladuthurai Railway Police Station,
Mayiladuthurai District.
[Crime No.05 of 2019] ... 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.81 of 2019 on the file of the District and
Sessions Judge, Mayiladuthurai and enlarge the petitioner on bail, pending
disposal of the above appeal.
For Petitioner ... Mr.R.Shivakumar
for M/s.K.M.Vijayan Associates
For Respondent ... Mr.A.Gokulakrishnn
Additional Public Prosecutor
1/6
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.5869 of 2023 in Crl.A.No.473 of 2023
ORDER
This Criminal Miscellaneous Petition has been preferred seeking to
suspend the sentence, dated 31.03.2023 imposed on the petitioner in Sessions
Case No.81 of 2019 on the file of the District and Sessions Judge,
Mayiladuthurai and enlarge the petitioner on bail, pending disposal of the
above appeal.
2. The petitioner, who is the sole accused in Sessions Case No.81 of
2019 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
A2 U/s.294[b] IPC To pay a fine of Rs.1,000/-, in default in
payment of fine, to undergo 1 month RI
U/s.450 IPC To undergo 7 years RI and a fine of
Rs.3,000/-
U/s.332 IPC To undergo 2 years RI
U/s.353 IPC To undergo 1 year RI
U/s.506[1] IPC To undergo 1 year RI
U/s.3[1] of To undergo 3 years RI and a fine of
TNPPDL Act Rs.1,000/-, in default in payment of fine, to
undergo one month RI
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.5869 of 2023 in Crl.A.No.473 of 2023
The sentences imposed on both the accused are to run concurrently and the
detention period already undergone by the accused is Ordered to be set off.
The fine amount has been paid by the accused.
3. Aggrieved over the judgment of conviction and sentence imposed on
the petitioner in Sessions Case No.81 of 2019, 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 Doctor
P.W.7, who had treated the defacto complainant had deposed that he did not
find any injuries on the body of the victim and a complain of pain was
recorded. 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.5869 of 2023 in Crl.A.No.473 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 P.W.7 Doctor evidence and evidence of other
witnesses, it is noticed that the petitioner has raised substantial grounds in the
appeal which require detailed appraisal, specifically the Doctor had stated
that he did not find any injuries on the body of the victim and only complain
of pain is recorded 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 and bail is granted
to the petitioner on the following conditions:
(i) The petitioner is ordered to be released on bail on
executing a bond for a sum of Rs.10,000/-(Rupees ten
thousand only) along with two sureties, each for a like sum,
to the satisfaction of the Trial Court;
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.5869 of 2023 in Crl.A.No.473 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
vrc
To
1. The District and Sessions Judge, Mayiladuthurai
2. The Inspector of Police, Mayiladuthurai Railway Police Station,
Mayiladuthurai District.
3. The Public Prosecutor, High Court, Madras.
4. The Superintendent, Central Prison,Trichy.
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.5869 of 2023 in Crl.A.No.473 of 2023
V.SIVAGNANAM, J.
vrc
Crl.M.P.No.5869 of 2023
in
Crl.A.No.473 of 2023
26.04.2023
https://www.mhc.tn.gov.in/judis
