Dismissed

Edward v. the Inspector of Police

Madras HC3 Nov 2016CRL MP(MD)/10055/2016

Case brief

AI extract

What is this about?

In a criminal appeal regarding double murder and robbery, the Madurai Bench of the Madras High Court refused to suspend the life imprisonment sentence of the first accused pending disposal of the appeal, citing a post-crime extrajudicial confession, recovery of stolen articles, and circumstantial evidence as indications that suspension was not a fit case.

What did the court decide?

Suspension of the petitioner's sentence during pendency of the appeal was denied.

Edward Vs the Inspector of Police — Criminal Trial and Appeal | Madras HC (2016)

¶1

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )

¶2

Thursday, the Third day of November Two Thousand Sixteen

¶3

PRESENT

¶4

The Honble Mr.Justice S.NAGAMUTHU and The Honble Mr.Justice M.V.MURALIDARAN

¶5

CRL MP(MD) No.10055 of 2016 IN CRL A(MD) No.388 of 2016

¶6

EDWARD ... APPELLANT/ACCUSED -1

¶7

STATE THROUGH THE THE INSPECTOR OF POLICE SIPCOT POLICE STATION, TUTICORIN TUTICORIN DISTRICT IN CRIME NO.128 OF 2013 ... RESPONDENT/COMPLAINANT

¶8

Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to suspend the execusion of Sentence by granting bail in C.A.No.221 of 2013 dated 03.04.2014 on the file of the 2nd Additional District and Session Court, Tuticorin till and disposal of this revision

¶9

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S S.SENTHIL SANKARANATHAKUMAR, Advocate for the petitioner and of MR.R.RAMACHANDRAN, Additional Public Prosecutor for the Respondent the court made the following order:-

¶10

[Order of the Court was made by S.NAGAMUTHU, J. ]

¶11

The petitioner is the first accused in S.C.No.221 of 2013 on the file of the learned Second Additional District and Sessions Judge, Tuticorin. This is a case of double murder and also robbery. The Trial Court has convicted him under Sections 302 IPC for 2 counts, 397 and 302 r/w 201 IPC. The maximum sentence imposed on the petitioner is imprisonment for life. Challenging the said conviction and sentence, the petitioner has come up with the present Criminal Appeal. Pending appeal, he seeks suspension of sentence.

¶12

We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the State. We have also perused the records carefully.

¶13

https://hcservices.ecourts.gov.in/hcservices/ 3. In this case, the petitioner/first accused has given extrajudicial confession, wherein he has admitted his guilt. Apart from

¶14

that, there are recoveries of stolen articles from the possession of the petitioner on the extra-judicial confession statement made by him. There are also other circumstantial evidences. Thus, in our considered view, it is not a fit case to suspend the sentence. The petition is, therefore, dismissed.

¶15

sd/03/11/2016

¶16

/ TRUE COPY /

¶17

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. SML TO 1 THE 2ND ADDITIONAL DISTRICT AND SESSION JUDGE, THOOTHUKUDI 2 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, TUTICORIN DISTRICT. 3 THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI 4 THE INSPECTOR OF POLICE SIPCOT POLICE STATION, TUTICORIN TUTICORIN DISTRICT 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

¶18

GJM/SS2/SAR-III-9.11.16-2P-6C

¶19

ORDER IN CRL MP(MD) No.10055 of 2016 IN CRL A(MD) No.388 of 2016

¶20

Date :03/11/2016

¶21

https://hcservices.ecourts.gov.in/hcservices/

Edward v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Edward v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

P.K.M. Ibrahimsha Vs the District Collector

T.Murugan, Vs the District Collector

Suresh Vs the Inspector of Police

P. Maharajan Vs the District Collector

Gurunathan Vs the Inspector of Police

B. Radhakrishnan Vs the District Collector