Criminal appeal petitioner convicted for murder under IPC 302 sought suspension of sentence and bail. High Court dismissed the petition, noting the accused fled the scene inconsistently with innocence plea and sufficient materials existed against him.
Suspension of sentence and bail pending appeal denied; petition dismissed.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Tuesday, the Twenty Fifth day of October Two Thousand Sixteen
PRESENT
The Honble Mr.Justice S.NAGAMUTHU and The Honble Mr.Justice M.V.MURALIDARAN
CRL MP(MD) No.6758 of 2016 IN CRL A(MD) No.263 of 2016
MURUGAIAH ... PETITIONER/APPELLANT/ ACCUSED.
Vs
THE STATE REP.BY, THE INSPECTOR OF POLICE PULIYAMPATTI POLICE STATION, PULIYAMPATTI , THOOTHUKUDI DISTRICT. CR. NO.37/2014 ... RESPONDENT/RESPONDENT/ COMPLAINANT.
Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to suspend the sentence and release me on bail pending disposal of his Criminal Appeal before this Honourable Court against the judgement in S.C. No.188 of 2015 on the file of the Additional District Sessions Court Thoothukudi dated 10.2.2016.
Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.R.ALAGUMANI, Advocate for the petitioner and of M/S.R.RAMACHANDRAN,Additional Public Prosecutor,on behalf of the Respondents the court made the following order:-
(Order of the Court was made by S.NAGAMUTHU, J)
The petitioner/appellant is the sole accused in S.C.No.188 of 2015 on the file of learned Additional District Sessions Judge, Thoothukudi. He stood charged for the offences under Section 302 IPC and he has been convicted for the offence under Section 302 IPC and has been sentenced to undergo imprisonment for life and to pay a fine of Rs.1,000/-, in default, to undergo rigorous imprisonment for one year. Challenging the said conviction and sentence imposed, the petitioner has come up with this appeal. Pending appeal, he seeks https://hcservices.ecourts.gov.in/hcservices/ suspension of the substantive sentence of imprisonment imposed on him.
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3.In this case, P.W.1 the father of the deceased had stated that he witnessed the occurrence. The accused in this case is none else than the husband of the deceased. The conduct of the accused in fleeing away from the scene of occurrence, without taking any action, is quite unnatural and the same is inconsistent with the plea of innocence taken before the trial Court. It is seen that there are sufficient materials against the accused/petitioner and thus, it is not a fit case to grant suspension of sentence. Accordingly, this petition is dismissed.
sd/25/10/2016
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1 THE ADDITIONAL DISTRICT SESSIONS JUDGE, THOOTHUKUDI.
2 DO THRO THE PRINCIPAL SESSIONS JUDGE, TUTICORIN DISTRICT.
3 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI.
5 THE INSPECTOR OF POLICE PULIYAMPATTI POLICE STATION, PULIYAMPATTI , THOOTHUKUDI DISTRICT.
AM/SK SKN/SAR-1/02.11.2016/2P/6C
3 issues framed by the court
Whether the petition for suspension of sentence and bail pending appeal should be allowed considering the conduct of the accused.
Whether the inconsistency in the accused's plea of innocence and his flight from the scene warrants granting suspension of sentence.
Whether the presence of sufficient materials against the accused prevents the grant of suspension of sentence pending appeal.
1 provisions across 1 enactments
MURUGAIAH
THE STATE
S.NAGAMUTHU
M.V.MURALIDARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
