Madras High Court
Venkatesan vs The State Rep.By on 24 October, 2024
Bench: S.M.Subramaniam, V.Sivagnanam
Crl.M.P.No.5585 of 2024 in Crl.A.No.115 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.10.2024
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
Crl.M.P.No.5585 of 2024
in Crl.A.No.115 of 2024
Venkatesan
S/o Narayanaswamy Naidu .. Petitioner
-vs-
The State rep.by
The Inspector of Police
Vandavasi South Police Station
Thiruvannamalai District
(Crime No.133 of 2006) .. Respondent
Criminal Miscellaneous Petition filed under Section 389(1) of the
Code of Criminal Procedure to suspend the sentence imposed in S.C.No.55
of 2014 dated 30.11.2023 by the learned Additional District & Sessions
Judge, Fast Track Court, Arni, Thiruvannamalai District and enlarge the
petitioner on bail, pending disposal of the appeal.
For Petitioner :: Mr.R.Vivekananthan
for Mrs.L.Srileka
For Respondent :: Mr.S.Raja Kumar
Additional Public Prosecutor
ORDER
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Crl.M.P.No.5585 of 2024 in Crl.A.No.115 of 2024
(Order of the Court was made by S.M.SUBRAMANIAM, J.)
The petitioner/sole accused stands convicted for the offence under
Sections 302 and 201 of IPC and was sentenced to undergo imprisonment
for life along with fine of Rs.2,000/-, in default to undergo rigorous
imprisonment for nine months for the offence under Section 302 and to
undergo three years rigorous imprisonment along with fine of Rs.1,000/-
each, in default to undergo six months simple imprisonment for the offence
under Section 201 of IPC; which are ordered to run concurrently, vide the
judgment dated 30.10.2023 passed by the learned Additional District &
Sessions Judge, Fast Track Court, Arni, Thiruvannamalai District.
Challenging the said conviction and sentence, the petitioner/appellant has
preferred the appeal. Pending the appeal, the petitioner has taken out the
instant miscellaneous petition seeking to suspend the sentence and enlarge
him on bail.
2. We have heard the learned counsel appearing for the petitioner and
the learned Additional Public Prosecutor appearing for the respondent.
3. We have perused the evidence of P.W.11 and P.W.12 and the
doctor's evidence P.W.13. The trial Court has convicted the accused based
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Crl.M.P.No.5585 of 2024 in Crl.A.No.115 of 2024
on the extra-judicial confession. However, considering the flaw in the
investigation that the body, which was exhumed after a period of three
years, had not been properly identified with the alleged deceased, namely,
Mr.Sridhar and the DNA test was also not conducted, we are inclined to
suspend the sentence imposed on the petitioner/accused.
4. Accordingly, this criminal miscellaneous petition stands allowed
and the substantive sentence of imprisonment imposed on the petitioner 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/- (Rupees twenty five thousand only) with
two independent sureties, each for a likesum, to the
satisfaction of the learned Judicial Magistrate,
Vandavasi.
(ii)The petitioner and 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.
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.5585 of 2024 in Crl.A.No.115 of 2024
(S.M.S.,J.) (V.S.G.,J.)
24.10.2024
ss
To
1. The Additional District & Sessions Judge, Fast Track Court, Arni,
Thiruvannamalai District
2. The Judicial Magistrate, Vandavasi
3. The Inspector of Police, Vandavasi South Police Station, Thiruvannamalai
District
4. The Superintendent, Central Prison, Vellore
5. The Public Prosecutor, High Court, Madras
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.5585 of 2024 in Crl.A.No.115 of 2024
S.M.SUBRAMANIAM, J.
AND
V.SIVAGNANAM, J.
ss
24.10.2024
https://www.mhc.tn.gov.in/judis
