The Madras High Court allowed criminal appeals filed by six accused persons. The conviction and sentence imposed by the Sessions Judge in a single SC No.85 of 2013 were set aside, and the appellants were acquitted and ordered released forthwith.
Appellate conviction and sentence set aside; appellants acquitted, released, and fines refunded.
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.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Appellate Jurisdiction) Tuesday, the Twenty Fifth day of September, Two thousand and Eighteen PRESENT THE HON'BLE MR JUSTICE M.M.SUNDRESH AND THE HON'BLE MR JUSTICE N.SATHISH KUMAR CRL A(MD) Nos.322 and 364 of 2015 and 8, 13 and 204 of 2016
ABBAS MARAIKAYAR
...Appellant / Accused No.4 in CRL A(MD) No.322 / 2015 RAJA @ MAHARAJAN
... Appellant / Accused No.3 in CRL A(MD) No.364 / 2015 P. MARIMUTHU
...Appellant / Accused No.2 in CRL A(MD) No.8 / 2016 VELLIYAN @ CHINNATHURAI ...Appellant / Accused No.5 in CRL A(MD) No.13 / 2016 ARUMUGAM ...Appellant / Accused No.7 in CRL A(MD) No.13 / 2016 LAKSHMANAN ...Appellant / Accused No.9 in CRL A(MD) No.204 / 2016
Vs.
State rep. by THE INSPECTOR OF POLICE THOOTHUKUDI SOUTH POLICE STATION, THOOTHUKUDI DISTRICT. (CRIME NO. 01 OF 2012)
... Respondent / Complainant in All Cases
Common Prayer:
Criminal Appeals are filed under Sec.374(2) of Criminal Procedure Code praying this Court to call for records in S.C. No.85 of 2013 dated 04.09.2015 on the file of the Sessions Judge, Mahalir Neethimandram (Fast Track Mahila Court), Thoothukudi District and set aside the conviction and sentence.
Order:
These Appeals are coming on for hearing on this day, upon perusing the Grounds of Appeal and the records of the evidence and https://hcservices.ecourts.gov.in/hcservices/ proceedings before the Court of Sessions and upon hearing the
arguments of Mr.S.MANOHAR, Advocate for the Appellant / 4th Accused in CRL A(MD) No.322 / 2015, Mr.S.RAMASAMY, Advocate for the Appellant /3rd Accused in CRL A(MD) No.364 / 2015, Mr.A.JOSEPH JAWAHAR, Advocate for the Appellant /2nd Accused in CRL A(MD) No.8 / 2016, Mr.V.KATHIRVELU, Senior Counsel for Mr.K.PRABHU, Advocate for the Appellants /5th and 7th Accused in CRL A(MD) No.13 / 2016 and Mr.A.THIRUVADIKUMAR, Advocate for the Appellant / 9th Accused in CRL A(MD) No.204 / 2016 and of Mr.K.CHELLAPANDIAN, Additional Advocate General, Assisted by Mr.R.ANAND RAJ, Additional Public Prosecutor for the respondent in All Cases, it is ordered as follows :
1. that these Criminal Appeals be and hereby are allowed;
2. that the conviction and sentence imposed on the appellants / accused No.4,3,2,5 & 7 and 9 by Judgment dated 04.09.2015, made in S.C.No.85 of 2013 by the Sessions Judge, Mahalir Neethimandram (Fast Track Mahila Court), Thoothukudi District, be and hereby is set aside ;
4. that the appellants / accused Nos.4,3,2,5 & 7 and 9 in CRL A (MD) Nos.322 and 364 of 2015 and 8, 13 and 204 of 2016 be and hereby are directed to be released forthwith unless their custody is required in connection with any other case;
5. that the bail bonds if any executed by the appellants / accused Nos.4,3,2,5 & 7 and 9 in CRL A(MD) Nos.322 and 364 of 2015 and 8, 13 and 204 of 2016 and the sureties shall stand terminated;
6. that the fine amount, if any, paid by the Appellants / accused No.s4,3,2,5,7and 9 shall be refunded to them;
(Detailed Judgment will follow)
Assistant Registrar (P&A) // True Copy //
Sub Assistant Registrar(CS-II)
To
Copy to
The Section Officer/Record Keeper, Criminal Section, Madurai Bench of Madras High Court, Madurai (2 COPIES)
ORDER DT: 25.09.2018
-------------------------------- ADVANCE ORDER
CRL A(MD) Nos.322 and 364 of 2015 and 8, 13 and 204 of 2016
Allowing the Criminal Appeals by setting aside the conviction and sentence awarded in S.C.No.85 of 2013 dated 04.09.2015 on the file of the Sessions Judge, Mahalir Neethimandram (Fast Track Mahila Court), Thoothukudi District etc., as stated within.
TR/SV/SAR-II(25.09.2018)3P 13C
2 issues framed by the court
Whether criminal appeals filed by the appellants should be allowed to set aside the conviction and sentence imposed by the Court of Sessions.
Whether the appellants should be acquitted, released on bail, and refunded any fines paid.
1 provisions across 1 enactments
ABBAS MARAIKAYAR
RAJA @ MAHARAJAN
P. MARIMUTHU
VELLIYAN @ CHINNATHURAI
ARUMUGAM
LAKSHMANAN
M.M.SUNDRESH
N.SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
