Ajithkumar vs State Represented By
2024 Latest Caselaw 18129 Mad

Citation : 2024 Latest Caselaw 18129 Mad
Judgement Date : 11 September, 2024

Madras High Court

Ajithkumar vs State Represented By on 11 September, 2024

Bench: S.M.Subramaniam, V.Sivagnanam

                                                                Crl.M.P.No.4162 of 2024 in Crl.A.No.276 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 11.09.2024

                                                             CORAM

                           THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
                                              AND
                             THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

                                                Crl.M.P.No.4162 of 2024
                                                in Crl.A.No.276 of 2024

                Ajithkumar
                S/o Madhan                                             ..     Petitioner

                                                              -vs-

                State represented by
                The Inspector of Police
                Vellore North Police Station
                Vellore
                (Crime No.231 of 2021)                                 ..     Respondent

                          Criminal Miscellaneous Petition filed under Section 389(1) of the
                Code of Criminal Procedure to suspend the sentence imposed in
                S.C.No.224 of 2021 by the learned I Additional District and Sessions Judge,
                Vellore dated 05.01.2024 and enlarge the petitioner on bail, pending
                disposal of the appeal.

                                    For Petitioner      ::     Mr.R.Vivekananthan

                                    For Respondent      ::     Mr.S.Raja Kumar
                                                               Additional Public Prosecutor


https://www.mhc.tn.gov.in/judis
                Page No.1/5
                                                          Crl.M.P.No.4162 of 2024 in Crl.A.No.276 of 2024



                                                     ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.)

The petitioner/sole accused stands convicted for the offence under

Sections 302 & 506(i) of IPC and was sentenced to undergo imprisonment

for life along with fine of Rs.1,000/- for the offence under Section 302 of

IPC and to undergo one year simple imprisonment along with fine of

Rs.500/-, in default to undergo one month simple imprisonment for the

offence under Section 506(i) of IPC, which are ordered to run concurrently,

vide the judgment dated 05.01.2024 passed by the learned I Additional

District and Sessions Judge, Vellore. Challenging the said conviction and

sentence, he 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. The learned counsel appearing for the petitioner submitted that the

incident occurred due to sudden provocation, as the deceased criticised the

accused that a transgender is going. The learned counsel submitted that the

prosecution has failed to establish the guilt of the accused by examining

any independent witness, except P.Ws.1 & 2, who are the father and sister-

https://www.mhc.tn.gov.in/judis

Crl.M.P.No.4162 of 2024 in Crl.A.No.276 of 2024

in-law of the deceased, as the other witnesses have turned hostile. Since the

petitioner is in jail from 05.01.2024, he sought for suspension of sentence.

3. We have heard the learned Additional Public Prosecutor appearing

for the respondent and also perused the materials available on record.

4. Considering the fact that the trial Court has convicted the

petitioner/accused relying upon the evidence of P.Ws.1 & 2, who are

interested witnesses and there is an arguable point in the appeal that the

incident occurred due to sudden provocation and also the fact that the

petitioner is in incarceration from 05.01.2024, we are of the opinion that a

prima facie case has been made out by the petitioner for suspension of

sentence.

5. 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 No.IV,

https://www.mhc.tn.gov.in/judis

Crl.M.P.No.4162 of 2024 in Crl.A.No.276 of 2024

Vellore.

(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.

                                                                  (S.M.S.,J.)     (V.S.G.,J.)
                                                                          11.09.2024

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