In a double murder case, petitioners sought suspension of sentence pending appeal. The High Court held that given the gravity of the offence and risk of absconding, suspension was not appropriate.
Petition dismissed; Registry directed to list main appeal for final hearing in July 2021.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Wednesday, the Twenty First day of April Two Thousand Twenty One
PRESENT
The Hon`ble Mr Justice P. N. PRAKASH
and
The Hon`ble Mr Justice R. PONGIAPPAN
CRIMINAL MISCELLANEOUS PETITION NO.4385 OF 2021
IN CRL.A.NO.592 OF 2019
1 MARAPPAN [ PETITIONERS / APPELLANTS ]
2 SIVAKUMAR
Vs
STATE REPRESENTED BY [ RESPONDENT / COMPLAINANT ] THE INSPECTOR OF POLICE,
NAMAGIRIPET POLICE STATION, NAMAKKAL DISTRICT.
(CRIME NO.112 OF 2016)
Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Crl.A.No.592/2019 on the file of the High Court, the High Court will be pleased to suspend the sentence imposed on the petitioners / appellants in S.C.No.30 of 2017 on the file of Additional District Court, Namakkal and direct the release of petitioners / appellants on bail from their confinement at Central Prison at Coimbatore on such terms and conditions that may be imposed by this Hon'ble Court pending decision in Crl.A.No.592 of 2019 [IN CRL.MP.NO.4385 OF 2021]
Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.A.No.592/2019 on the file of the High Court and upon hearing the arguments of M/S.N.A.RAVINDRAN, Advocate for the petitioner and of MR.K.PRABAKAR, ADDITIONAL PUBLIC PROSECUTOR on behalf of the Respondent the court made the following order:-
(Order of the Court was made by R.PONGIAPPAN,J.)
This criminal miscellaneous petition has been filed seeking to suspend the sentence of imprisonment imposed on the petitioners (Accused 1 and 2) by judgment and order dated 18.07.2019 passed in S.C.No.30 of 2017 on the file of the Additional Sessions Court, Namakkal.
In the result, this criminal miscellaneous petition is dismissed. The Registry is directed to call for the records, prepare the typed set of papers immediately and list the main appeal for final hearing in the month of July 2021.
-sd/-
21/04/2021
This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104. TO 1 THE ADDITIONAL SESSIONS JUDGE, NAMAKKAL. 2 THE SUPERINTENDENT OF PRISON, CENTRAL PRISON, COIMBATORE. 3 THE INSPECTOR OF POLICE, NAMAGIRIPET POLICE STATION, NAMAKKAL DISTRICT. 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS. COPY TO: THE SECTION OFFICER, CRIMINAL SECTION, HIGH COURT, MADRAS. C.C. to M/S.N.A.RAVINDRAN Advocate on payment of necessary charges Order in CRL.MP.NO.4385/2021 in CRL.A.NO.592/2019
Date :21/04/2021
From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format
https://hcservices.ecourts.gov.in/hcservices/ MK:23/04/2021
2 issues framed by the court
Whether the sentence of imprisonment imposed for double murder should be suspended pending final hearing of the appeal.
Whether the petitioner, being a repeat offender involved in a serious double murder case, is a fit case for bail pending appeal.
MARAPPAN and SIVAKUMAR
STATE REPRESENTED BY THE INSPECTOR OF POLICE, NAMAGIRIPET
P. N. PRAKASH
R. PONGIAPPAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
