Madras High Court
Panneerselvam vs The State Represented By on 13 October, 2023
Crl.M.P.Nos.2349 & 9877 of 2023
in Crl.A.No.35 & 74 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.10.2023
CORAM :
THE HONOURABLE MR. JUSTICE S.S. SUNDAR
AND
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
Crl.M.P.Nos.2349 & 9877 of 2023
in
Crl.A.Nos.35 & 74 of 2021
1.Panneerselvam
2.P.Anbalagan
3.Ragavan @ Seeyapadi Ragavan ... Petitioners
in Crl.M.P.No.2349 of 2023
G.Natrajan ... Petitioner
in Crl.M.P.No.9877 of 2023
Vs.
The State represented by
The Inspector of Police
Crime Branch C.I.D.,
Cuddalore.
Crime No.301 of 2005 in Bhuvanagiri P.S. ... Respondent
in Crl.M.P.No.2349 of 2023
https://www.mhc.tn.gov.in/judis
Crl.M.P.Nos.2349 & 9877 of 2023
in Crl.A.No.35 & 74 of 2021
The State represented its
The Inspector of Police
CBCID,
Cuddalore. ... Respondent
in Crl.M.P.No.9877 of 2023
Criminal Miscellaneous Petitions filed under Section 389(1) Cr.P.C. to
suspend the sentence imposed on the petitioners by the Principal District
and Sessions Judge, Cuddalore, in S.C.No.123 of 2016, by judgment dated
18.01.2021 and enlarge the petitioners on bail pending disposal of the above
Criminal Appeals.
For Petitioner : Mr.A.Ramesh
Senior Counsel
for Mr.G.Pugazhenthi
in Crl.M.P.No.2349 of 2023
: Mr.R.C.Paul Kanagaraj
in Crl.M.P.No.9877 of 2023
For Respondent : Mr.A.Gokulakrishnan
Additional Public Prosecutor
in both petitions
https://www.mhc.tn.gov.in/judis
Crl.M.P.Nos.2349 & 9877 of 2023
in Crl.A.No.35 & 74 of 2021
COMMON ORDER
(Order of the Court was made by S.S. SUNDAR, J.)
These Criminal Miscellaneous Petitions have been filed to suspend the
sentence imposed on the petitioners by the learned Principal District and
Sessions Judge, Cuddalore, in S.C.No.123 of 2016, by judgment dated
18.01.2021 and enlarge the petitioners on bail pending disposal of the above
Criminal Appeals.
2.The learned Principal District and Sessions Judge, Cuddalore, in
S.C.No.123 of 2016, has convicted and sentenced the petitioners as follows:
Accused Offence for which Sentence
Convicted
A1 Section 302 r/w.34 IPC Life imprisonment and to pay a fine of
(1st petitioner in Rs.1,000/-, in default, to undergo
Crl.M.P.No.2349 of Simple Imprisonment for one year
2023) Section 147 IPC Rigorous Imprisonment for one year
and to pay a fine of Rs.500/-, in
default, to undergo Simple
Imprisonment for one month
Section 341 IPC Simple Imprisonment for one month
A2 and A4 Section 302 r/w.34 IPC Life imprisonment and to pay a fine of
(2nd & 3rd petitioners Rs.1,000/- each, in default, to undergo
in Crl.M.P.No.2349 Simple Imprisonment for one year
of 203)
https://www.mhc.tn.gov.in/judis
Crl.M.P.Nos.2349 & 9877 of 2023
in Crl.A.No.35 & 74 of 2021
Accused Offence for which Sentence
Convicted
Section 302 r/w.201 IPC Rigorous Imprisonment for three years
(2 counts) and to pay a fine of Rs.100/- each, in
default, to undergo Simple
Imprisonment for one month each for
each count
Section 147 IPC Rigorous Imprisonment for one year
and to pay a fine of Rs.500/- each, in
default, to undergo Simple
Imprisonment for one month each
Section 341 IPC Simple Imprisonment for one month
each
A5 Section 302 r/w.34 IPC Life imprisonment and to pay a fine of
(Petitioner in (2 counts) Rs.1,000/-, in default, to undergo
Crl.M.P.No.9877 of Simple Imprisonment for one year for
2023) each count
Section 147 IPC Rigorous Imprisonment for one year
and to pay a fine of Rs.500/-, in
default, to undergo Simple
Imprisonment for one month
Section 341 IPC Simple Imprisonment for one month
(2 counts) for each count
Sentences were ordered to run concurrently
3.Challenging the above conviction and sentence, A1, A2 and A4 have
filed Crl.A.No.35 of 2021 and A5 has filed Crl.A.No.74 of 2021 and they
are seeking suspension of sentence and bail in the present miscellaneous
petitions.
https://www.mhc.tn.gov.in/judis
Crl.M.P.Nos.2349 & 9877 of 2023
in Crl.A.No.35 & 74 of 2021
4.The case of the prosecution is that, one Sumathi, daughter of A2,
became pregnant in the year 1999 and it was alleged that P.W.1 was
responsible for her pregnancy. There was a village panchayat in which the
entire family of P.W.1 was asked to stay away from the village. The said
Sumathi preferred a private complaint and on that basis, P.W.1 was
convicted for the offences under Sections 417 and 354 IPC. Later, on
08.05.2005 at around 03.00 p.m., one Kaliyamurthy, the father of P.W.1,
and Ravichandran, cousin of P.W.1, did not return home for lunch after they
went to their agricultural field. After searching the missing persons, two
bodies were found on the following morning, i.e., on 09.05.2005 without
any injuries, in the river bed, which were thereafter identified as bodies of
the said Kaliyamurthy and Ravichandran. Thereafter, the respondent Police
registered a case in Crime No.301 of 2005 under Section 174 Cr.P.C. for
suspicious death.
5.It is admitted that there was no progress in the investigation and
ultimately, the Police authorities also filed a report of “action dropped”.
https://www.mhc.tn.gov.in/judis
Crl.M.P.Nos.2349 & 9877 of 2023
in Crl.A.No.35 & 74 of 2021
Later, it appears that, as per the orders of this Court in Crl.O.P.No.25518 of
2006, dated 18.01.2007, the case was transferred to CBCID, Cuddalore and
fresh investigation was started. After the investigation by CBCID, the
accused were charge-sheeted and the case was committed to the Court of
Session and was made over to the learned Principal District and Sessions
Judge, Cuddalore.
6.During pendency of the trial, A3 died. After completing the trial, the
learned Principal District and Sessions Judge, Cuddalore, convicted and
sentenced A1, A2, A4 and A5, as stated above. Now, the accused persons
pray for suspension of sentence imposed on them and for grant of bail.
7.Heard the learned Senior Counsel appearing for the petitioners and
Mr.A.Gokulakrishnan, learned Additional Public Prosecutor appearing for
the respondent/State.
8.The whole case is based on the evidence of P.W.2 ,who was
examined as eye-witness. It is seen that P.W.2 was examined seven years
https://www.mhc.tn.gov.in/judis
Crl.M.P.Nos.2349 & 9877 of 2023
in Crl.A.No.35 & 74 of 2021
after the incident by the CBCID Police Officer. It is P.W.2's version that, on
the date of occurrence, he was present in the scene of occurrence without the
knowledge of the accused. He has stated that, while he was on his way from
one Chidambaram's house to his house, he went near the bushes near river
bank for nature's call, he saw five persons pushing down the deceased and
smothering them by blankets. The evidence of P.W.2 also reveals that he is
a man with political affiliation and aged 53. The reason stated by him for
not disclosing or sharing what he saw on the fateful day for nearly 7 years,
is not convincing to any normal prudent man. Except the evidence of P.W.2,
this Court is unable to find any other evidence to prove the involvement of
the accused. P.W.1 and all other witnesses only suggest that there was
motive for the accused to commit the crime. The conviction cannot be based
on the circumstance of “motive” alone. The statements given by other
witnesses and the evidence before the Court below after a considerable
length of time, have seriously caused prejudice to the petitioners. Therefore,
this Court finds that a prima facie case is made out for suspending the
sentence imposed on the petitioners and granting bail.
https://www.mhc.tn.gov.in/judis
Crl.M.P.Nos.2349 & 9877 of 2023
in Crl.A.No.35 & 74 of 2021
9.Accordingly, these Criminal Miscellaneous Petition are allowed and
the sentence of imprisonment imposed on the petitioners (A1, A2, A4 and
A5) are suspended and they are granted bail on the following conditions:
(i) The petitioners in Crl.M.P.No.2349 of 2023 in Crl.A.No.35 of 2021 (A1,
A2 and A4) shall execute a bond for a sum of Rs.25,000/- (Rupees
Twenty five thousand only), each with two sureties, of whom, one should
be a blood relative, each for a like sum to the satisfaction of the learned
Chief Judicial Magistrate, Cuddalore.
(ii)The petitioner in Crl.M.P.No.9877 of 2023 in Crl.A.No.74 of 2021 (A5)
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 like sum to the satisfaction of the learned Chief
Judicial Magistrate, Cuddalore.
(iii)The sureties shall affix their photographs and Left Thumb Impression in
the surety bond and the learned Magistrate/trial Court may obtain a copy
of their Aadhar card or Bank pass Book and mobile numbers to ensure
their identity; and
https://www.mhc.tn.gov.in/judis
Crl.M.P.Nos.2349 & 9877 of 2023
in Crl.A.No.35 & 74 of 2021
(iv)The petitioners shall appear before the trial Court on the first working
day of every month at 10.30 a.m. until the disposal of the Appeals 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.
(S.S.S.R., J.) (S.M., J.)
13.10.2023
mkn
Internet : Yes
Index : Yes / No
To
1.The Principal District and Sessions Judge,
Cuddalore.
2.The Chief Judicial Magistrate,
Cuddalore.
3.The Superintendent,
Central Prison,
Cuddalore.
S.S. SUNDAR, J.
https://www.mhc.tn.gov.in/judis
Crl.M.P.Nos.2349 & 9877 of 2023
in Crl.A.No.35 & 74 of 2021
and
SUNDER MOHAN, J.
mkn
4.The Superintendent,
Sub-Jail, Chidambaram.
5.The Inspector of Police
Crime Branch C.I.D.,
Cuddalore.
6.The Public Prosecutor,
High Court, Madras.
Crl.M.P.Nos.2349 & 9877 of 2023
in Crl.A.Nos.35 & 74 of 2021
13.10.2023
https://www.mhc.tn.gov.in/judis
