Madras High Court
Vetrivel @ Kamaraj vs State Represented By on 6 October, 2023
Crl.M.P.No.3115 of 2023
in Crl.A.No.218 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.10.2023
CORAM :
THE HONOURABLE MR. JUSTICE S.S. SUNDAR
AND
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
Crl.M.P.No.3115 of 2023
in
Crl.A.No.218 of 2023
Vetrivel @ Kamaraj ... Petitioner
Vs.
State represented by
The Inspector of Police,
Kachirapalaiyam Police Station,
Kallakurichi.
Crime No.138 of 2019. ... Respondent
Criminal Miscellaneous Petition filed under Section 389(1) Cr.P.C. to
suspend the sentence passed by the III Additional District and Sessions
Judge, Kallakurichi, Kallakurichi District, in S.C.No.172 of 2019, dated
28.06.2022, and enlarge the petitioner on bail pending disposal of the above
Criminal Appeal.
Page 1 of 8
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Crl.M.P.No.3115 of 2023
in Crl.A.No.218 of 2023
For Petitioner : Mr.T.Balachandran
For Respondent : Mr.A.Gokulakrishnan
Additional Public Prosecutor
ORDER
(Order of the Court was made by S.S. SUNDAR, J.)
This Criminal Miscellaneous Petition has been filed to suspend the
sentence passed by the III Additional District and Sessions Judge,
Kallakurichi, Kallakurichi District, in S.C.No.172 of 2019, dated
28.06.2022, and enlarge the petitioner on bail pending disposal of the above
Criminal Appeal.
2.The learned III Additional District and Sessions Judge,
Kallakurichi, Kallakurichi District, in S.C.No.172 of 2019, has convicted
and sentenced the petitioner/A2 as follows :
Offence for which Sentence
Convicted
Section 120(B) IPC Life imprisonment and to pay a fine of
Rs.10,000/-, in default, to undergo Simple
Imprisonment for six months.
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Crl.M.P.No.3115 of 2023
in Crl.A.No.218 of 2023
Offence for which Sentence
Convicted
Section 302 IPC Life imprisonment and to pay a fine of
Rs.10,000/-, in default, to undergo Simple
Imprisonment for six months.
Sentences were ordered to run concurrently
3.Challenging the above conviction and sentence, the petitioner, who
is arrayed as A2, has filed the above Criminal Appeal and he is seeking
suspension of sentence and bail in the present miscellaneous petition.
4.The case of the prosecution is that the deceased by name
Venkatesan was approached by A1 and A2 seeking financial assistance. For
the said purpose, A1 is said to have given the original document of his
property to the deceased and a sum of Rs.50,000/- was lent to A1. There
was some misunderstanding in this transaction and there was previous
enmity between the accused persons and the deceased. As a consequence,
A1 and A2 hatched a conspiracy and decided to do away with the deceased.
In continuation to this conspiracy, A1 and A2 made the deceased
accompany them on 25.03.2019 in a two wheeler and on 26.03.2019, the
deceased was found dead near Gomugi river. There are totally two accused
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Crl.M.P.No.3115 of 2023
in Crl.A.No.218 of 2023
persons in this case and the petitioner is arrayed as A2.
5.Heard the learned counsel for the petitioner/A2 and
Mr.A.Gokulakrishnan, learned Additional Public Prosecutor appearing for
the respondent/State.
6.It is now brought to the notice of this Court that the 1st accused had
challenged the judgment of the trial Court in Crl.A.No.1121 of 2022 and
this Court, by order dated 15.12.2022, in Crl.M.P.No.17220 of 2022 in
Crl.A.No.1121 of 2022, suspended the sentence imposed on A1 and granted
bail to A1.
7.Further, it is admitted that there is no eye-witness to the crime. The
discrepancies pointed out by the co-ordinate Bench in the order passed in
the petition filed by the 1st accused seeking suspension of sentence, are
applicable to the 2nd accused also, as they stand on the same footing and as
the grounds raised and the facts are similar and the conclusions are on
appreciation of the same evidence. It is seen that the witness P.W.5 did not
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Crl.M.P.No.3115 of 2023
in Crl.A.No.218 of 2023
support the case of the prosecution and there is a snap in the chain and this
vital lapse was not properly appreciated by the Court below. Therefore, this
Court is unable to take a different view and no other circumstance is also
pointed out by the learned Additional Public Prosecutor, for this Bench to
take a different view. In this circumstances, this Court is inclined to
suspend the sentence imposed by the trial Court on the petitioner/A2.
8.Accordingly, this Criminal Miscellaneous Petition stands allowed
and the sentence of imprisonment imposed on the petitioner/A2 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/-, with two
sureties, of whom, one should be a blood relative, each for a like sum to
the satisfaction of the learned III Additional District and Sessions Judge,
Kallakurichi, Kallakurichi District.
(ii)The sureties shall affix their photographs and Left Thumb Impression in
the surety bond and the trial Court 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
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Crl.M.P.No.3115 of 2023
in Crl.A.No.218 of 2023
day of every month at 10.30 a.m. until the disposal of the Appeal and 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.)
06.10.2023
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Internet : Yes
Index : Yes / No
To
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.3115 of 2023
in Crl.A.No.218 of 2023
1.The III Additional District and Sessions Judge,
Kallakurichi, Kallakurichi District.
2.The Inspector of Police,
Kachirapalaiyam Police Station,
Kallakurichi.
3.The Superintendent,
Central Prison,
Cuddalore.
4.The Public Prosecutor,
High Court, Madras.
S.S. SUNDAR, J.
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.3115 of 2023
in Crl.A.No.218 of 2023
and
SUNDER MOHAN, J.
mkn
Crl.M.P.No.3115 of 2023
in Crl.A.No.218 of 2023
06.10.2023
https://www.mhc.tn.gov.in/judis
