Allowed

Dhanapal v. The Inspector of Police

Madras HC17 May 2023CRL MP(MD)/4860/2023

Case brief

AI extract

What is this about?

Petitioner filed a bail petition seeking suspension of sentence imposed in Sessions Case No.59 of 2021 and release on bail pending disposal of his Criminal Appeal. The High Court allowed the petition, suspended the sentence, and granted bail subject to bond and sureties.

What did the court decide?

Petition allowed; sentence suspended till disposal of appeal; bail granted on bond of Rs.10,000/- with two sureties for likesum.

Dhanapal Vs The Inspector of Police — Pension and Retirement Benefits | Madras HC (2023)

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CRL MP(MD) No.4860 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )

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Wednesday, the Seventeenth day of May Two Thousand and Twenty Three

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PRESENT

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The Hon`ble Mrs.Justice T.V.THAMILSELVI

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CRL MP(MD) No.4860 of 2023 IN CRL A(MD) No.234 of 2023

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DHANAPAL ... PETITIONER/APPELLANT/SOLE ACCUSED

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1 State Rep.by THE INSPECTOR OF POLICE VELLIYANAI POLICE STATION, VELLIYANAI, KARUR DISTRICT. CR.NO.332/2021 ... RESPONDENT/RESPONDENT/COMPLAINANT

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(*)2 MARIMUTHU S/O.LATE SADAIYAPPAN, KARUPPUR, UPPIDAMANGALAM POST, KARUR DISTRICT.

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(*)(R2 IS IMPLEADED AS PER ORDER OF THE COURT DT 20/04/2023 IN CRL.MP(MD)6305/2023 IN CRL A (MD).234/2023 BY KMSJ)

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Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to suspend the sentences imposed in S.C No.59 of 2021 on the file of the Principal Sessions court, Karur dated 25.11.2022 and release the petitioner on bail pending disposal of the above appeal.

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PRAYER IN CRL A(MD).234/2023 :

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To set-aside the conviction and sentence and fine imposed on the appellant by the Principal Sessions Court, Karur in S.C.No.59 of 2021 order dated 25.11.2022 by allowing this criminal appeal.

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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.MANIYARASU K.C., Advocate for the petitioner and of MR.A.ALBERT JAMES, Government Advocate (Crl.Side) on behalf of the 1^st Respondent, while admitting the Criminal Appeal, the court made the following order:-

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https://www.mhc.tn.gov.in/judis

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CRL MP(MD) No.4860 of 2023

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This petition has been filed praying to suspend the sentence imposed against the petitioner in Sessions Case No.59 of 2021 dated 24.11.2022 by the learned Sessions Judge / District Judge, Karur.

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The case of the prosecution is that there was a family dispute between the petitioner and the complainant and on the date of occurrence the petitioner brutally attacked the complainant and his mother with Aruval and also abused them by using filthy language. Hence the case was registered in Crime No.332 of 2021 for the offence under Sections 294(b), 324, 506(ii) of IPC. r/w. 3 (i) ( r) 3(2) (va) of the SC/ST (POA) Amendment Act 2015 and Section 4 of TNPHW Act 2002 and after completing the enquiry the respondent police filed charge sheet in S.C. No.59 of 2021 on the file of the Session Judge, Karur. The learned Sessions Judge while framing charges against the accused framed charges under Sections 294(b) r/w. 3(2) (va), 326 r/w. 3(2) (va), 323 r/w. 3(2) (va) of SC/ST (POA) Act , Section 4 of TNPHW Act and 506(ii) r/w.3(2) (va) of SC/ST (POA) Act. After the trial the accused was acquitted for the charge in respect of Section 294(b) r/w. 3(2) (va) and 506(ii) r/w. 3(2) (va) of SC/ST (POA) Act and Section 4 of TNPHW Act and convicted for the offence under Section 324 r/w. 3(2)(va) and 323 r/w. 3(2) (va) of SC/AT (POA) Act and ordered to undergo three years simple imprisonment and also to pay a fine of Rs.10,000/- I/d to undergo six months simple imprisonment for the offence under Section 324 r/w. 3(2) (va) of SC/ST (POA) Act and also ordered to undergo one year simple imprisonment and also to pay a fine of Rs.1,000/I/d to undergo fifteen days simple imprisonment for the offence under Section 323 r/w. 3(2) (va) of SC/ST (POA) Act

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Considering the nature of the offence alleged to have been committed by the petitioner/appellant and also quantum of punishment imposed against him, this Court is of the view to suspend the sentence imposed in S.C.No.59 of 2021 till the disposal of Criminal Appeal No.234 of 2023 and also decided to grant bail subject to the following conditions.

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In fine, this petition is allowed and the sentence imposed in S.C.No.59 of 2021 is alone suspended till the disposal of Criminal Appeal No.234 of 2023 and the petitioner shall be released on bail on executing a bond to the tune of Rs.10,000/- with two sureties each for a likesum to the satisfaction of the learned Sessions Judge / District Judge, Karur.. The petitioner is directed to report before the Sessions Judge / District Judge, Karur, daily at 10.30 a.m., until further orders.

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sd/-

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17/05/2023 / TRUE COPY /

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19/05/2023

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Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, https://www.mhc.tn.gov.in/judis PMU Madurai - 625 023.

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CRL MP(MD) No.4860 of 2023

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1 THE PRINCIPAL SESSIONS JUDGE, KARUR.

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2 THE SESSIONS JUDGE / DISTRICT JUDGE, KARUR.

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3 THE INSPECTOR OF POLICE, VELLIYANAI POLICE STATION, VELLIYANAI, KARUR DISTRICT.

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4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

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5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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+1. C.C. to M/S.MANIYARASU K.C. Advocate SR.No.7529[I]

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ORDER IN CRL MP(MD) No.4860 of 2023 IN CRL A(MD) No.234 of 2023 Date :17/05/2023

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RS/CG/SAR-(18.05.2023) 3P 7C

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https://www.mhc.tn.gov.in/judis

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Dhanapal v. The Inspector of Police

Case brief

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Dhanapal v. The Inspector of Police

Case brief

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