High Court dismissed the petition to suspend sentence for petitioners 1 and 2 due to prior criminal records. It granted suspension and bail to petitioners 3 and 4 pending appeal.
Sentence of petitioners 3 and 4 suspended; enlarged on bail conditioned to appear in Court weekly; petition dismissed for petitioners 1 and 2.
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.
CRL MP(MD) No.4413 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Thursday, the Nineteenth day of May Two Thousand and Twenty Two
PRESENT
The Hon`ble Mrs.Justice T.V.THAMILSELVI
CRL MP(MD) No.4413 of 2022 IN CRL A(MD) No.266 of 2022
1 RAJAPUTHIRAN
2 SEKARLAL
3 JOHN @ MADAL
4 SATHANANTHAM
... PETITIONERS/APPELLANTS
Vs
THE STATE REP.BY THE INSPECTOR OF POLICE KALIYAKAVILAI POLICE STATION, KANYAKUMARI DISTRICT. CR.NO. 24 OF 2009. ... RESPONDENT/RESPONDENT
Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Suspend the Sentence imposed in SC.No.8 of 2010 dated 18.03.2022 on the files of learned Assistant Sessions Judge, Kuzhithurai pending disposal of this Criminal Appeal.
PRAYER IN CRL A(MD)No.266/2022:
Pleased to call for the records and set aside the conviction and sentence dated 18-03-2022 made in S.C.No.8 of 2010 on the files of the Hon'ble Assistant Sessions Judge, Kuzhithurai.
Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.HEROLD SINGH.S.C., Advocate for the petitioners and of M/s.M.AASHA, Government Advocate(crl.side) on behalf of the Respondent, the court made the following order:-
This Criminal Miscellaneous Petition has been filed by the petitioners to suspend the sentence imposed by the learned Assistant https://hcservices.ecourts.gov.in/hcservices/
1/3
CRL MP(MD) No.4413 of 2022
Sessions Judge, Kuzhithurai in S.C.No.8 of 2010 dated 18.03.2022, till the disposal of the appeal.
2/3
CRL MP(MD) No.4413 of 2022
Judge, Kuzhithurai and on further condition that the petitioners 3 & 4 shall appear before the said Court weekly once i.e., on every Wednesday at 10.30 a.m. pending disposal of the appeal.
sd/19/05/2022 / TRUE COPY / 20/05/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
SA/SVR/SAR.2/20.05.2022/3P/6C
3/3
2 issues framed by the court
Whether the sentence of the petitioners 1 and 2 should be suspended pending the disposal of their criminal appeal.
Whether petitioners 3 and 4 are entitled to suspension of sentence and release on bail pending the disposal of their criminal appeal.
4 provisions across 2 enactments
RAJAPUTHIRAN
SEKARLAL
JOHN @ MADAL
SATHANANTHAM
THE STATE REP.BY THE INSPECTOR OF POLICE KALIYAKAVILAI
T.V.THAMILSELVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
