Allowed

Kamatchi v. Inspector of Police

Madras HC9 Mar 2023CRL MP/1764/2023

Case brief

AI extract

What is this about?

Criminal Miscellaneous Petition filed to suspend the sentence of imprisonment totaling five years and fine imposed on a convicted woman. The High Court, finding arguable points in favor of the petitioner due to a family dispute and lack of direct evidence connecting her to the crime, granted suspension of sentence and bail.

What did the court decide?

Sentence suspended and petitioner released on bail on bond of Rs. 10,000 with two sureties pending disposal of appeal.

Kamatchi Vs Inspector of Police — Bail and Remand | Madras HC (2023)

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Crl.M.P.No.1764 of 2023 in Crl.A.No.132 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 09.03.2023

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CORAM

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THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

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Crl.M.P.No.1764 of 2023 in

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Crl.A.No.132 of 2023

Kamatchi

... Petitioner

/vs/

The State represented by The Inspector of Police, Arcot Taluk Police Circle, Walajapet Police Station, Ranipet District. (Vellore District) Crime No.751/2017

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.. Respondent

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Prayer : Criminal Miscellaneous Petition filed under section 389(1) r/w.439 of Cr.P.C., to suspend the sentence imposed against the petitioner in S.C.No.139/2018 on the file of the learned II Additional District and Sessions Court, Vellore District @ Ranipet, Ranipet District, dated 24.01.2023 and enlarge the petitioner on bail pending disposal of the said criminal appeal.

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For Petitioner ... Mr. E. Kannadasan

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For Respondent ... Mr.A. Gokulakrishnan

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Addl. Public Prosecutor

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Crl.M.P.No.1764 of 2023 in Crl.A.No.132 of 2023

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ORDER

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This Criminal Miscellaneous Petition has been preferred seeking to suspend the sentence imposed against the petitioner in S.C.No.139/2018 on the file of the learned II Additional District and Sessions Court, Vellore District @ Ranipet, Ranipet District, dated 24.01.2023 and enlarge the petitioner on bail pending disposal of the said criminal appeal.

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The trial court, by its judgment dated 24.01.2023 made in

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S.C.No.139/2018 ordered as follows;

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*Petitioner's* *Rank*	*Provision under* *which convicted*	*Sentence*
Sole accused	U/s 304 part (ii) IPC	To undergo 5 years RI and a fine of Rs.5000/-, in default in payment of fine, to undergo 6 months SI.
		Acquitted from the charge framed under section 302 IPC.
The sentence concurrently	of imprisonment i	mposed on the petitioner is ordered to run

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Aggrieved over the judgment of conviction and sentence imposed,

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the petitioner has filed criminal appeal along with the instant miscellaneous petition, seeking suspension of sentence and bail.

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Crl.M.P.No.1764 of 2023 in Crl.A.No.132 of 2023

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The learned counsel for the petitioner submitted that the petitioner

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is the wife of the deceased. The respondent police prosecuted against her for the offence under section 302 IPC, however, after trial, the trial court found her guilty only under section 304(ii) IPC and imposed conviction and sentence as stated above. In this case, the evidence of Doctor-PW9 and Ex.P.8- Post Mortem report points out that the deceased died due to neuroshock and there is no direct evidence to connect the accused with the crime. The petitioner is suffering incarceration since 24.01.2023. Therefore, she prayed for granting suspension of sentence imposed on her by the trial court and grant bail pending disposal of the appeal, as the appellant has arguable points in her favour and she has fair chance of success in the appeal.

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The learned Govt. Advocate (crl.side) submitted that the deceased is the husband of the petitioner/accused and due to a family dispute, the occurrence had taken place. He further submitted that as per the post mortem report, the cause for the death is neuroshock happened to the deceased.

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Considering the facts and circumstances of the case, the nature of the offence, the relationship of the petitioner/accused with the deceased and the origin of the crime being a domestic dispute and the Doctor's evidence

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Crl.M.P.No.1764 of 2023 in Crl.A.No.132 of 2023

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that the death of the deceased happened due to neuroshock and further there is no direct evidence in support of the prosecution case, this court is of the view that the petitioner is having arguable point in the appeal. Hence, this Court is inclined to grant suspension of sentence imposed on the petitioner till the disposal of the criminal appeal.

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Accordingly, the relief of suspension of sentence and bail is granted

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to the petitioner pending disposal of the appeal on the following conditions:

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(i) The petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/-(Rupees ten thousand only) along with two sureties, each for a like sum, to the satisfaction of the Judicial Magistrate No.II, Walajapet.

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(ii)The petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bonds and the above said court may obtain a copy of their Aadhaar card or Bank pass Book to ensure their identity; and;

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Crl.M.P.No.1764 of 2023 in Crl.A.No.132 of 2023

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(iii) The petitioner shall report before the trial court as and when required.

09.03.2023

msr

The Judicial Magistrate No.II, Walajapet.

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The II Additional District and Sessions Court, Vellore District @ Ranipet, Ranipet District.

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The Public Prosecutor, High Court, Madras.

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The Superintendent, Central Prison, Coimbatore.

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The Inspector of Police, Arcot Taluk Police Circle, Walajapet Police Station, Ranipet District. (Vellore District)

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V.SIVAGNANAM, J.

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Crl.M.P.No.1764 of 2023 in Crl.A.No.132 of 2023

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msr

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Crl.M.P.No.1764 of 2023 in Crl.A.No.132 of 2023

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09.03.2023

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Kamatchi v. Inspector of Police

Case brief

What is this about?

What did the court decide?

Kamatchi v. Inspector of Police

Case brief

What is this about?

What did the court decide?

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