Allowed

M.Balaraman v. the State Rep.by

Madras HC7 Aug 2024CRL MP/4425/2024

Case brief

AI extract

What is this about?

A4 convicted of murder under Section 302 IPC and sentenced to life imprisonment sought suspension of sentence pending appeal. Noting his age of about 75 years and the post-mortem doctor's opinion that death was likely due to heart failure with no injuries found, the Court suspended the sentence subject to bond and monthly appearance conditions.

What did the court decide?

Sentence of life imprisonment suspended; petitioner enlarged on bail on a Rs.25,000 bond with two sureties and condition of monthly appearance before trial court pending appeal.

M.Balaraman Vs the State Rep.by — Murder and Culpable Homicide | Madras HC (2024)

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Crl.MP.No.4425/2024 in Crl.A.No.295/2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 07.08.2024

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CORAM

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THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

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AND

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THE HONOURABLE MR. JUSTICE V.SIVAGNANAM

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Crl.MP.No.4425/2024 in Crl.A.No.295/2024

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M.Balaraman

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.. Appellant/Accused-4

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Versus

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The State represented by The Inspector of Police, Arni Taluk Police Station, Arni, Tiruvannamalai District. Crime No.1933 of 2020.

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.. Respondent

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Prayer:-Civil Miscellaneous Petition filed under Section 389[1] of Cr.P.C., to suspend the sentence imposed by the trial court in judgment dated 20.02.2024 in S.C.No.70 of 2021 on the file of the Additional District and Sessions Judge, (Fast Track Court) Arni and enlarge the petitioner on bail pending disposal of the above Criminal Appeal.

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

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Crl.MP.No.4425/2024 in Crl.A.No.295/2024

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For Petitioner : M/s.Dharani Kasinathan

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For Respondent : Mr.S.Raja Kumar Additional Public Prosecutor

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ORDER

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[Order of the Court was made by S.M.SUBRAMANIAM, J.]

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This criminal miscellaneous petition has been filed seeking to suspend the sentence imposed on the petitioner vide judgement and order dated 20.02.2024 passed in S.C.No.70 of 2021 on the file of the the Additional District and Sessions Judge, (Fast Track Court), Arni and to enlarge the petitioner on bail pending disposal of the appeal.

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The case of the prosecution is that the petitioner is a life convict aged about 75 years. The Trial Court convicted the petitioner under Section 302 of IPC and sentenced to undergo life imprisonment and also pay the fine of Rs.2,000/-, in the event of failure to undergo rigorous imprisonment for two years. With reference to offences under Section 147

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of IPC, the petitioner was sentenced to pay a fine of Rs.1,500/- in the event

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

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Crl.MP.No.4425/2024 in Crl.A.No.295/2024

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of failure to undergo simple imprisonment for six months. The petitioner is in jail for a period of about six months.

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The learned Counsel appearing on behalf of the petitioner

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would submit that the petitioner is arrayed as A4 in the criminal case and there is no overt act against the petitioner.

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The deposition of P.W.10/Doctor would reveal that there is no internal and external injuries identified in the body during the post mortem and opined that the death would have caused on account of heart failure.

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Considering the prima facie arguments placed on behalf of the

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petitioner and the subject to further consideration of grounds in the criminal

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appeal, this Miscellaneous Petition stands allowed and the sentence imposed by the Trial Court in Judgment dated 20.02.2024 in SC.No.70 of 2021 on the file of the Additional District and Sessions Judge, (Fast Track Court), Arni stands suspended on the following conditions:

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(i) The petitioner shall execute a bond for a sum of Rs.25,000/-, with two independent sureties, each for a like sum to the satisfaction of the learned Additional District and Sessions Judge, (Fast Track Court), Arni, Thiruvannamalai District.

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

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Crl.MP.No.4425/2024 in Crl.A.No.295/2024

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(ii)The petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank pass Book and mobile numbers to ensure their identity; and

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(iii)The petitioner shall appear before the trial Court on the first working day of every month at 10.30 a.m. until the disposal of the appeal and if he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court.

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[S.M.S., J.] [V.S.G., J.] 07.08.2024

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veda Issue order copy by 08.08.2024 Upload the order copy forthwith.

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Internet: Yes

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

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Crl.MP.No.4425/2024 in Crl.A.No.295/2024

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

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Crl.MP.No.4425/2024 in Crl.A.No.295/2024

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1.The Additional District and Sessions Judge, (Fast Track Court), Arni, Thiruvannamalai District.

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2.The Inspector of Police, Arni Taluk Police Station, Arni, Tiruvannamalai District. Crime No.1933 of 2020.

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3.The Superintendent of Prison, Central Prison, Vellore.

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4.The Public Prosecutor, Madras High Court, Chennai – 600 104.

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

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Crl.MP.No.4425/2024 in Crl.A.No.295/2024

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S.M.SUBRAMANIAM, J. and V.SIVAGNANAM, J.

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veda

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Crl.MP.No.4425/2024 in Crl.A.No.295/2024

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07.08.2024

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

M.Balaraman v. the State Rep.by

Case brief

What is this about?

What did the court decide?

M.Balaraman v. the State Rep.by

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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