Madras High Court
Thirunavukarasu vs The Inspector Of Police on 12 October, 2023
Crl.M.P.Nos.5458 & 5463 of 2023 in Crl.A.No.1044 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.10.2023
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
AND
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
Crl.M.P.Nos.5458 & 5463 of 2023
in Crl.A.No.1044 of 2022
Thirunavukarasu
S/o Natarajan .. Petitioner in Crl.M.P.No.5458/2023
Driver Seenu @ Seenuvasan
S/o Urgandi .. Petitioner in Crl.M.P.No.5463 of 2023
-vs-
The Inspector of Police
Thiruvannamalai Town Police Station
Thiruvannamalai District
(Crime No.245 of 2014) .. Respondent in both the Crl.M.P.'s
Criminal Miscellaneous Petitions filed under Section 389(1) of the
Code of Criminal Procedure to suspend the sentence imposed upon the
petitioners by the learned Principal District & Sessions Judge,
Thiruvannamalai in S.C.No.60 of 2015 by judgment dated 16.08.2022 and
enlarge the petitioners on bail, pending disposal of the appeal.
For Petitioners :: Mr.G.Mohanakrishnan
For Respondent :: Mr.A.Gokulakrishnan
Additional Public Prosecutor
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Crl.M.P.Nos.5458 & 5463 of 2023 in Crl.A.No.1044 of 2022
ORDER
(Order of the Court was made by S.S.SUNDAR, J.)
The petitioners are Accused Nos.1 and 4 in Sessions Case No.60 of
2015 on the file of the learned Principal District and Sessions Judge,
Thiruvannamalai. The first accused, who is the petitioner in
Crl.M.P.No.5458 of 2023, was convicted for the offence under Sections 302
and 307 of IPC and sentenced to undergo imprisonment for life and to pay a
fine of Rs.25,000/-, in default to undergo simple imprisonment for 3 months
for the offence under Section 302 of IPC and to undergo rigorous
imprisonment for 10 years and to pay a fine of Rs.10,000/-, in default to
undergo simple imprisonment for 2 months for the offence under Section
307 of IPC.
(ii) The fourth accused, who is the petitioner in Crl.M.P.No.5463 of
2023, was convicted for the offence under Sections 302 readwith 34 and
341 of IPC and sentenced to undergo imprisonment for life and to pay a
fine of Rs.25,000/-, in default to undergo simple imprisonment for 3 months
for the offence under Section 302 readwith 34 of IPC and also to pay a fine
of Rs.500/-, in default to undergo simple imprisonment for one week for the
offence under Section 341 of IPC and the sentences imposed on the accused
were ordered to run concurrently, by the judgment under appeal dated
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Crl.M.P.Nos.5458 & 5463 of 2023 in Crl.A.No.1044 of 2022
16.08.2022 passed by the trial Court. Pending the appeal, the petitioners
have taken out the instant applications seeking to suspend the sentence and
enlarge them on bail.
2. We have heard the learned counsel appearing for the petitioners
and the learned Additional Public Prosecutor appearing for the respondent
and also perused the materials available on record.
3. The case of the prosecution is that the deceased was running a
petty shop at his house. The deceased and his son Madheswaran used to
object to persons who come to consume alcohol near the petty shop of the
deceased. While so, when A1 and A2 were consuming liquor near the petty
shop of the deceased on 16.05.2014, the deceased protested. The case of
the prosecution is that due to such enmity, A1 & A2 came to the house of
the deceased again on 17.05.2014 at about 00.50 hours and the first accused
started attacking him with a knife on the right side chest, under the rib cage
and abdomen of the deceased. Though the son of the deceased tried to stop
the attack, the prosecution version shows that he was restrained by the
second accused and the first accused attacked him also on the backside of
neck with the knife. Subsequently, it is stated that the accused fled away
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Crl.M.P.Nos.5458 & 5463 of 2023 in Crl.A.No.1044 of 2022
when the neighbours rushed to the spot. It is seen from the entire evidence
that the overtact against the fourth accused is that he caught hold of the
deceased. However, the fourth accused is not named in the First
Information Report. Moreover, when an application was moved by the
second accused earlier seeking to suspend the sentence, this Court, prima
facie finding that there are arguable points with regard to the delay in
registering the First Information Report, has granted bail to the second
accused. In view of the same and coupled with the fact that the fourth
accused has not been named in the First Information Report, this Court
finds that a prima facie case has been made out by the fourth accused for
suspension of sentence.
4. However, considering the specific overtact as against the first
accused, this Court is not inclined to suspend the sentence imposed on the
first accused, who is the petitioner in Crl.M.P.No.5458 of 2023. Therefore,
Crl.M.P.No.5458 of 2023 stands dismissed.
5. Accordingly, Crl.M.P.No.5463 of 2023 stands allowed and the
substantive sentence of imprisonment imposed on the petitioner/A4 is
suspended and he is granted bail on the following conditions:-
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Crl.M.P.Nos.5458 & 5463 of 2023 in Crl.A.No.1044 of 2022
(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 No.I, Thiruvannamalai.
(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 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.)
12.10.2023
ss
To
1. The Principal District & Sessions Judge, Thiruvannamalai
2. The Judicial Magistrate No.I, Thiruvannamalai
3. The Inspector of Police, Thiruvannamalai Town Police Station,
Thiruvannamalai District
4. The Superintendent, Central Prison, Vellore
5. The Public Prosecutor, High Court, Madras
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Crl.M.P.Nos.5458 & 5463 of 2023 in Crl.A.No.1044 of 2022
S.S.SUNDAR, J.
AND
SUNDER MOHAN, J.
ss
Crl.M.P.Nos.5458 & 5463 of 2023
in Crl.A.No.1044 of 2022
12.10.2023
https://www.mhc.tn.gov.in/judis
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