Madras High Court
S.Ajeeth vs State Of Tamil Nadu on 6 October, 2023
Crl.M.P.No.15176 of 2022
in Crl.A.No.424 of 2021
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.15176 of 2022
in
Crl.A.No.424 of 2021
S.Ajeeth ... Petitioner
Vs.
State of Tamil Nadu
Inspector of Police,
Villupuram Taluk Police Station.
Crime No.729 of 2016. ... Respondent
Criminal Miscellaneous Petition filed under Section 389(1) Cr.P.C. to
suspend the sentence passed by the Principal Sessions Judge, Villupuram, in
S.C.No.123 of 2017, dated 11.08.2021 and enlarge the petitioner on bail
pending disposal of the above Criminal Appeal.
Page 1 of 7
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.15176 of 2022
in Crl.A.No.424 of 2021
For Petitioner : Mr.P.Muthamizh Selvakumar
for M/s.S.Sudalaikani
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 petitioner by the Principal Sessions Judge,
Villupuram, in S.C.No.123 of 2017, by judgment dated 11.08.2021 and to
enlarge the petitioner on bail pending disposal of the above Criminal
Appeal.
2.The learned Principal Sessions Judge, Villupuram, in S.C.No.123 of
2017, has convicted the petitioner/A6 for the offence under Sections 120(B)
and 302 r/w. 120(B) IPC and sentenced him to undergo Life Imprisonment
and to pay a fine of Rs.50,000/-, in default, to undergo Simple
Imprisonment for 3 ½ years, for each of the offences.
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.15176 of 2022
in Crl.A.No.424 of 2021
3.Challenging the above conviction and sentence, the petitioner, who
is arrayed as A6, 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, on 07.10.2016, when the
deceased namely Ayyanar, along with P.W.2 and P.W.7 were travelling in a
motor cycle from Ariyalur to Kuchipalayam, at about 07.45 p.m., due to
previous enmity, 10 persons hiding from the sugarcane field came and
obstructed the vehicle in which the deceased was travelling and pushed
down the vehicle. A1, A3, A4, A5 and A6 caught hold of the hands and legs
of the deceased and A2 stabbed the deceased with a knife on the chest. A1
bet the deceased with the hand on the chest. A3 kicked the deceased on the
stomach and A4 and A5 punched on the neck of the deceased. Due to the
attack, the deceased sustained grievous injuries and ultimately, succumbed
to the injuries. Hence, the case.
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.15176 of 2022
in Crl.A.No.424 of 2021
5.Heard the learned counsel for the petitioner/A6 and
Mr.A.Gokulakrishnan, learned Additional Public Prosecutor appearing for
the respondent/State.
6.Though the case of the prosecution has been accepted by the trial
Court, this Court finds a few circumstances which would seriously doubt
the involvement of petitioner/A6 as a person connected with the offence of
murder. As per the evidence of witnesses, the allegation against A6 was that
he caught hold the hip of the deceased and at that time, the 2nd accused
stabbed on the left side chest of the deceased. However, as per the medical
report, there was a single stab that is attributable to the attack by the 1 st
accused on the chest of the deceased. It is admitted that the eye-witnesses
are all the close relatives of the deceased. The whole incident appears to be
arising out of a dispute between the family of victim as well the villagers.
There appears to be a scuffle that led to commission of murder. While the
1st accused has caused grievous injury, as against A6, there is no charge of
assault. From the framing of charges against several persons, this Court is
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.15176 of 2022
in Crl.A.No.424 of 2021
of the view that the probability of false implication cannot be ruled out.
Considering the fact that the petitioner was arrested and it is admitted that
he is in custody for more than two years and considering the period of
incarceration already undergone by the petitioner, this Court is inclined to
suspend the sentence.
7.Accordingly, this Criminal Miscellaneous Petition stands allowed
and the sentence of imprisonment imposed on the petitioner/A6 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 Judicial Magistrate No.I, Villupuram.
(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 if
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.15176 of 2022
in Crl.A.No.424 of 2021
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
mkn
Internet : Yes
Index : Yes / No
To
1.The Principal Sessions Judge,
Villupuram.
2.The Judicial Magistrate No.I,
Villupuram.
3.The Inspector of Police,
Villupuram Taluk Police Station,
Villupuram.
4.The Superintendent,
Central Prison,
Cuddalore.
5.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.15176 of 2022
in Crl.A.No.424 of 2021
S.S. SUNDAR, J.
and
SUNDER MOHAN, J.
mkn
Crl.M.P.No.15176 of 2022
in Crl.A.No.424 of 2021
06.10.2023
https://www.mhc.tn.gov.in/judis
