Madras High Court
Appusamy vs The State Represented By on 6 October, 2023
Crl.M.P.No.3010 of 2023
in Crl.A.No.1208 of 2022
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.3010 of 2023
in
Crl.A.No.1208 of 2022
1.Appusamy
2.Kuppayi
3.Selvi ... Petitioners
Vs.
The State represented by
Inspector of Police,
Mecheri Police Station,
Salem District.
Crime No.946 of 2014. ... Respondent
Criminal Miscellaneous Petition filed under Section 389(1) Cr.P.C. to
suspend the sentence imposed on the petitioners by the Additional District
(Fast Track) Court, Mettur, Salem District, in S.C.No.199 of 2016, by
judgment dated 01.11.2022 and enlarge the petitioners on bail pending
disposal of the above Criminal Appeal.
Page 1 of 8
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.3010 of 2023
in Crl.A.No.1208 of 2022
For Petitioners : Mr.C.Prabhakaran
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 imposed on the petitioners by the Additional District (Fast Track)
Court, Mettur, Salem District, in S.C.No.199 of 2016, by judgment dated
01.11.2022, and enlarge the petitioners on bail pending disposal of the
above Criminal Appeal.
2.The learned Additional District (Fast Track) Court, Mettur, Salem
District, in S.C.No.199 of 2016, convicted and sentenced the petitioners as
follows :
Accused Offence for Sentence
which Convicted
1st petitioner/A2 Section 302 IPC Life imprisonment and to pay a fine of
Rs.10,000/-, in default, to undergo
Rigorous Imprisonment for 1 year.
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.3010 of 2023
in Crl.A.No.1208 of 2022
Accused Offence for Sentence
which Convicted
2nd & 3rd petitioners/ Section 302 r/w. Life imprisonment and to pay a fine of
A3 and A4 34 IPC Rs.10,000/- each, in default, to undergo
Rigorous Imprisonment for 1 year.
Section 352 IPC To pay a fine of Rs.500/- each, in
default, to undergo Simple Imprisonment
for three weeks.
3.Challenging the above conviction and sentence, the petitioners, who
are arrayed as A2, A3 and A4, have filed the above Criminal Appeal and
they seek suspension of sentence and bail in the present miscellaneous
petition.
4.Heard the learned counsel for the petitioners and
Mr.A.Gokulakrishnan, learned Additional Public Prosecutor, appearing for
the respondent/State.
5.The case of the prosecution is that, in relation to a dispute over a
piece of land, there was a wordy quarrel followed by a scuffle. A1 is the
father of A2 and it is also admitted that A1 is the brother of the deceased.
There appears to be a pathway dispute between the families of appellants
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.3010 of 2023
in Crl.A.No.1208 of 2022
and the deceased by name Mani. It is the case of the prosecution that,
following the wordy quarrel, A2 assaulted the deceased with sickle over left
thigh, left side chest. When the deceased fell down, A1, the father of A2,
stabbed the deceased with a knife over his right side chest, assaulted the
deceased over his forehead, cheek, etc. It appears that, though the murder is
not preplanned, the involvement of A1 is evident from the prosecution
witnesses. However, the involvement of A3 and A4 is doubtful. A3 is the
wife of A1. A4 is the wife of A2. From the fact that A2 also suffered some
injuries, it would suggest that there was a scuffle following wordy quarrel.
6.In view of the findings against A2, learned counsel for the
petitioners submits that the petition may be dismissed as against A2,
however, it may be allowed as against A3 and A4/petitioners 2 and 3.
Recording the submission of the learned counsel for the petitioner, the
petition as against the 1st petitioner/A2 stands dismissed.
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.3010 of 2023
in Crl.A.No.1208 of 2022
7.However, considering the fact that the petitioners 2 and 3, who are
A3 and A4, are women and their involvement is doubtful, having regard to
the discrepancies in the whole evidence, this Court is of the view that the
sentence can be suspended as against A3 and A4 alone and they can be
released on bail, taking into account the period of incarceration.
8.Accordingly, the sentence of imprisonment imposed on the
petitioners 2 and 3, who are arrayed as A3 and A4, alone, is suspended
and they are granted bail on the following conditions:
(i) The petitioners shall execute a bond for a sum of Rs.25,000/- each, with
two sureties, of whom, one should be a blood relative, each for a like
sum to the satisfaction of the learned Judicial Magistrate No.2, Mettur.
(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 petitioners shall appear before the trial Court on the first working
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Crl.M.P.No.3010 of 2023
in Crl.A.No.1208 of 2022
day of every month at 10.30 a.m. until the disposal of the Appeal and if
they are not able to appear before the trial Court on any day, they 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
their absence, as directed by the trial Court.
9.Accordingly, this Criminal Miscellaneous Petition is ordered.
(S.S.S.R., J.) (S.M., J.)
06.10.2023
mkn
Internet : Yes
Index : Yes / No
To
1.The Additional District (Fast Track) Court,
Mettur, Salem District.
2.The Judicial Magistrate No.2,
Mettur.
3.The Inspector of Police,
Mecheri Police Station,
Salem District.
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.3010 of 2023
in Crl.A.No.1208 of 2022
4.The Superintendent,
Women Prison,
Coimbatore.
5.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.3010 of 2023
in Crl.A.No.1208 of 2022
S.S. SUNDAR, J.
and
SUNDER MOHAN, J.
mkn
Crl.M.P.No.3010 of 2023
in Crl.A.No.1208 of 2022
06.10.2023
https://www.mhc.tn.gov.in/judis
