Single bench order granting appeal bail and suspending the substantial sentence against the appellant arising out of convictions under Sections 452, 324, and 506(2) IPC, requiring a bond with two sureties.
Appeal bail granted; substantial sentence suspended subject to bond of Rs.15,000 with two sureties and monthly reporting.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Wednesday, the Sixth day of December Two Thousand Seventeen
PRESENT
The Hon`ble Mr.Justice A.M.BASHEER AHAMED
CRL MP(MD) No.11095 of 2017
IN
CRL A(MD) No.487 of 2017
MARI @ MARIMUTHU
... PETITIONER/ APPELLANT
Vs
1 THE DEPUTY SUPERINTENDENT OF POLICE, SAMAYANALLUR SUB DIVISION,
SAMAYANALLUR, MADURAI DISTRICT.
2 THE INSPECTOR OF POLICE, SAMAYANALLUR POLICE STATION, MADURAI DISTRICT.
CRIME NO.403 OF 2015.
...RESPONDENTS/ 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 of imprisonment imposed in Spl.S.C.No.129 of 2016 dated 07.11.2017 by the learned III Additional District and Sessions Judge, (PCR Cases), Madurai, pending disposal of the above said Criminal Appeal and thus render justice.
Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.R.VIJAYAGOPAL, Advocate for the petitioner and of M/S.C.MAYILVAHANA RAJENDRAN, Additional Public Prosecutor on behalf of the Respondents, While admitting the CRL.A, the court made the following order:-
The accused in Spl.S.C.No.129 2016, on the file of the learned III Additional District and Sessions Judge, (PCR Cases), Madurai, while challenging his conviction and sentence, seeks appeal bail under Section 389(1) Cr.P.C.
| Conviction | Sentence | |
|---|---|---|
| Section 452 of | 1 Year | R.I. + Fine of Rs.1,000/-, i/d 1 week |
| IPC., | S.I. | |
| Section 324 of | 1 Year | R.I. + Fine of Rs.1,000/-, i/d 1 week |
| IPC., htts://hcservicesecourtsovin/hcservices/ |
S.I. | |
| Section 506(ii) of p~~..g.~~ |
1 Year | R.I. + Fine of Rs.5,00/-, i/d 1 week |
| IPC., | S.I. |
2
3.The petitioner was acquitted for an offence under Section 3 (1)(X) SC/ST Act, as per the judgment, dated 07.11.2017 in Spl.S.C.No.129 of 2016. The fine amount imposed by the Trial Court was paid and the copy of the receipt is also produced.
4.The learned counsel appearing for the petitioner submitted that the Trial Court has not considered the fact that the complaint was not written by the defacto complainant, but the complaint was written by one unknown person and that unknown person was not examined before the trial Court. P.Ws.4 & 7 have admitted during their evidence that they have not seen the occurrence. There are certain contradictions in the evidence of P.Ws.1 to 3 and the interested witnesses alone were examined by the prosecution in this case. The alleged occurrence, as per the evidence of P.W.12, took place at about 2.30 p.m., on 12.11.2015 in front of the Pepsi Bus stop. P.W.1 has stated in his cross-examination that at the time of complaint, the accused was inside the police station. Hence, the petitioner is having prima facie case of acquittal in this appeal.
sd/-
06/12/2017
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) https://hcservices.ecourts.gov.in/hcservices/ Madurai Bench of Madras High Court, Madurai - 625 023.
3
TO
1 THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE(PCR CASES), MADURAI.
ORDER IN CRL MP(MD) No.11095 of 2017 IN CRL A(MD) No.487 of 2017 Date :06/12/2017 MS/CM-VR/SAR.1/07.12.2017/3P.6C
2 issues framed by the court
Whether the appellant is entitled to appeal bail during the pendency of the criminal appeal.
Whether the appellant can secure suspension of the substantive sentence while awaiting the disposal of the criminal appeal.
1 provisions across 1 enactments
MARI @ MARIMUTHU
THE DEPUTY SUPERINTENDENT OF POLICE, SAMAYANALLUR SUB DIVISION, SAMAYANALLUR, MADURAI DISTRICT.
THE INSPECTOR OF POLICE, SAMAYANALLUR POLICE STATION, MADURAI DISTRICT.
A.M.BASHEER AHAMED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
