Madras High Court
Nagarathinam @ Rathinasamy vs State By on 11 December, 2023
Author: S.S.Sundar
Bench: S.S.Sundar
Crl.M.P.No.2136 of 2023 in Crl.A.No.1144 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.12.2023
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
AND
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
Crl.M.P.No.2136 of 2023
in Crl.A.No.1144 of 2022
Nagarathinam @ Rathinasamy
S/o Nagaraj .. Petitioner
-vs-
State by
Inspector of Police
Uthukuli Police Station
Tiruppur District
(Crime No.434 of 2018) .. Respondent
Criminal Miscellaneous Petition filed under Section 389(1) of the
Code of Criminal Procedure to suspend the sentence imposed in
S.C.No.123 of 2021 dated 23.08.2022 by the learned Principal Sessions
Judge, Tiruppur and enlarge the petitioner on bail, pending disposal of the
above appeal.
For Petitioner :: Mr.M.Muthappan
For Respondent :: Mr.A.Gokulakrishnan
Additional Public Prosecutor
https://www.mhc.tn.gov.in/judis
Page No.1/6
Crl.M.P.No.2136 of 2023 in Crl.A.No.1144 of 2022
ORDER
(Order of the Court was made by SUNDER MOHAN, J.)
The petitioner, who was tried as Accused No.3 in S.C.No.123 of 2021
on the file of the learned Principal Sessions Judge, Tiruppur, stands
convicted for the offence under Sections 302, 342 r/w 346 and 201 r/w 302
of IPC and sentenced to undergo imprisonment for life and to pay a fine of
Rs.2,000/-, in default to undergo rigorous imprisonment for three months
for the offence under Section 302 of IPC; to undergo rigorous imprisonment
for one year and to pay a fine of Rs.1,000/-, in default to undergo 3 months
rigorous imprisonment for the offence under Section 342 r/w 346 of IPC
and to undergo rigorous imprisonment for three years and to pay a fine of
Rs.1,000/-, in default to undergo rigorous imprisonment for three months
for the offence under Section 201 r/w 302 of IPC, which are ordered to run
concurrently, vide the judgment dated 23.08.2022 passed by the trial Court.
Challenging the said conviction and sentence, the petitioner has filed the
above appeal. The present miscellaneous petition has been filed to suspend
the sentence and enlarge him on bail, pending the above appeal.
2. It is the case of the prosecution that the petitioner along with two
others hatched a conspiracy to kidnap the deceased and thereafter demand
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Crl.M.P.No.2136 of 2023 in Crl.A.No.1144 of 2022
ransom from his father, who is running an oil mill. It is the further case of
the prosecution that the deceased approached A1 to A3 to help him recover
an amount from a person who was due to pay money. The prosecution case
is that making use of the said request made by the deceased, the accused
hatched a conspiracy as aforesaid.
3. The learned counsel for the petitioner submitted that the case
based on circumstantial evidence has not been proved by the prosecution as
against the petitioner. The prosecution relied upon the evidence of P.W.1 to
show that the deceased was last seen with A1 to A3. The other witnesses
have corroborated the evidence of P.W.1 as regards the last seen theory.
There is no other circumstance against the petitioner and that the body of
deceased was recovered from the house of A1.
4. The learned Additional Public Prosecutor, per contra, submitted
that the petitioner is the friend of A1; that P.Ws.1 to 7 have seen the
petitioner along with the deceased and therefore the prosecution has
established the circumstances beyond reasonable doubt and prayed for
dismisssal of the petition.
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.2136 of 2023 in Crl.A.No.1144 of 2022
5. On perusal of the records, we find that the body of the deceased
was recovered from the house of A1. There is no recovery of any weapon
or any article from A3 which would connect A3 with the crime. Admittedly,
there is no motive alleged against A3. It is well settled that conviction
cannot be based on the circumstance of last seen alone. In such
circumstances, finding that the petitioner has got a fair chance of success in
the appeal as against his conviction, we are inclined to suspend the
sentence.
6. Accordingly, this criminal miscellaneous petition stands allowed
and the substantive sentence of imprisonment imposed on the petitioner is
suspended and he is granted bail on the following conditions:-
(i) 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 likesum, to the satisfaction of the learned
Judicial Magistrate, Avinashi.
(ii)The sureties shall affix their photographs and Left Thumb Impression
in the surety bond and the learned Magistrate may obtain a copy of
their Aadhar card or Bank Pass Book and mobile numbers to ensure
their identity; and
(iii)The petitioner shall appear before the trial Court on the first working
day of every month at 10.30 a.m., until the disposal of the appeal and
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Crl.M.P.No.2136 of 2023 in Crl.A.No.1144 of 2022
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.
(S.S.S.R.,J.) (S.M.,J.)
11.12.2023
ss
To
1. The Principal Sessions Judge, Tiruppur, Tiruppur District
2. The Judicial Magistrate, Avinashi
3. The Inspector of Police, Uthukuli Police Station, Tiruppur District
4. The Superintendent, Central Prison, Coimbatore
5. The Public Prosecutor, High Court, Madras
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.2136 of 2023 in Crl.A.No.1144 of 2022
S.S.SUNDAR, J.
AND
SUNDER MOHAN, J.
ss
11.12.2023
https://www.mhc.tn.gov.in/judis
