High Court · 2025

CRL.M.P.(MD)No.13991 of 2024BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )Friday, the Third day of January Two Thousand and Twenty FivePRESENTThe HONOURABLE MR. JUSTICE K.K. RAMAKRISHNANCRL.M.P.(MD)No.13991 of 2024inCRL.A.(MD)No.1037 of 2024AROKIYASAMY @ MANI ... PETITIONER/1ST APPELLANT/ACCUSED NO.1 VsTHE STATE OF TAMIL NADU THE INSPECTOR OF POLICE, VAIAYAMPATTI POLICE STATION, TRICHY DISTRICT. CRIME NO.692/2020. ... RESPONDENT/RESPONDENT/COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petitionfiled therewith the High Court may be pleased to suspend the sentence imposed onthe petitioner by the Learned II Additional District and Sessions Judge,Tiruchirappalli in S.C.No.04 of 2021 dated 07.11.2024 and release the petitioner onbail pending disposal of the above Criminal Appeal.Prayer in CRL A(MD) No.1037 of 2024 :To call for records and set aside the judgment passed by the Learned IIAdditional District and Sessions Judge, Tiruchirappalli in S.C.No.04 of 2021 dated07.11.2024 and acquit the appellants herein.Order : This petition coming up for orders on this day, upon perusing the petitionfiled in support thereof and upon hearing the arguments of M/S. EBENEZER1/7 https://www.mhc.tn.gov.in/judis CRL.M.P.(MD)No.13991 of 2024CHARLES.T.J, Advocate for the petitioner and of MR.M.SAKTHI KUMAR,Government Advocate(Crl.side) on behalf of the Respondent the court made thefollowing order:-This petition is filed to suspend the sentence imposed on the petitioner by thelearned II Additional District and Sessions Judge, Tiruchirappalli, in S.C.No.4 of2021, dated 07.11.2024 and enlarge the petitioner on bail pending disposal of the mainCriminal Appeal.2.The case of the prosecution is that on 24.05.2020, due to dispute relating to theenjoyment of the Government land, the defacto complainant gave a complaint againstthe petitioners and the respondent Police enquired the matter and the respondentPolice warned both of them to solve the matter before the Revenue Department.Thereafter, on 24.05.2020, at 02.00 hours the defacto complainant and his son came totheir house, at that time, the petitioners and other accused said to have abused themin filthy language and also assaulted the defacto complainant's right head withAruval and caused blood injury and assaulted the defacto complainant's son to theprivate part with leg, due to which, the defacto complainant's son sustained seriousinjury and died. Hence, the defacto complainant lodged a complaint before therespondent Police. 2/7 https://www.mhc.tn.gov.in/judis CRL.M.P.(MD)No.13991 of 20243.On receipt of the complaint, the respondent Police registered a case in CrimeNo.692 of 2020 for the offence under Sections 147, 148, 294(b) 324, 302, 342 of IPC r/w149 of IPC, against the petitioners and other accused. The respondent Police, aftercompleting the investigation has filed the final report and the same was taken on filein P.R.C.No.6 of 2020, by the learned Judicial Magistrate, Manapparai. The same wassent to the Principal District and Sessions Judge for further enquiry. The same wastaken on file in S.C.No.4 of 2021, by the II Additional District and Sessions Judge,Tiruchirappalli. 4.During the trial, the prosecution has examined 18 witnesses as P.W.1 toP.W.18 and exhibited 15 documents as Ex.P.1 to Ex.P.15 and marked M.O.1. On theside of the defence, neither a witness was examined and exhibited 2 documents asEx.D1 and Ex.D2. 5.The learned II Additional District and Sessions Judge, Tiruchirappalli, afterfull-fledged trial has passed the judgment in S.C.No.4 of 2021, dated 07.11.2024, andacquitted the A1 to A5 for the offence under Section 148 and 294(b) and AccusedNos.3 to 5 for the offence under Section 149 and 302 of IPC and Accused No.4 and 53/7 https://www.mhc.tn.gov.in/judis CRL.M.P.(MD)No.13991 of 2024for the offence under Section 342 of IPC and convicted the petitioner for the offenceunder Sections 324 of sentenced to undergo one year Rigorous Imprisonment and topay fine of Rs.1000/-, in default to undergo three months Rigorous Imprisonment,convicted the petitioner for the offence under Section 304 II of IPC and sentenced toundergo 7 years Rigorous Imprisonment and to pay a fine of Rs.5,000/- in default toundergo six months Rigorous Imprisonment. Aggrieved over the above saidconviction and sentence, imposed by the Courts below, the third petitioner preferredthe present Criminal appeal along with the present Miscellaneous Petition seeking forsuspension of sentence. 6.The learned counsel for the petitioner made the following submissions:6.1.Even though earlier suspension of sentence petition has been filed in respectof A1 to A3 in S.C.No.4 of 2021, this Court has granted suspension of sentence only toA3, now, A1 has filed this suspension of sentence petition. 6.2.According to the prosecution, there was a dispute between both the partiesrelating to the enjoyment of the Government land. In this dispute, the petitioner andother said to have assaulted the deceased in his private part and caused injuries. 6.3.He would further submit that there was no previous antecedent against him.6.4.He would further submit that he was confined at Central Prison, Trichy,4/7 https://www.mhc.tn.gov.in/judis CRL.M.P.(MD)No.13991 of 2024from 07.11.2024. Hence, he seeks suspension of sentence. 7.The learned Government Advocate (Crl. Side) appearing for the respondentPolice would contend that even though he has no previous antecedent, but there isspecific overtact attributed against him. He would further contend that the learnedtrial Court has rightly convicted the petitioner on the basis of the evidence and thepetitioner has no prima facie case in this appeal and hence, he strongly opposed togrant suspension of sentence. 8.This Court has carefully considered the submissions made by the learnedcounsel appearing on either side and also perused the materials available on record.9.According to the prosecution, due to dispute relating to the enjoyment of theGovernment Land, there was a altercation on the date of occurrence between themand the petitioner and other accused said to have assaulted the private part of thedeceased with their leg.10.Considering the above sequence of event and also considering the period ofincarceration and the petitioner has no previous antecedent and there are somearguable points involved in the criminal appeal and further the criminal appeal is notlikely to be taken up for final hearing in the near future, the petitioner is entitled tothe relief of grant of suspension of sentence.5/7 https://www.mhc.tn.gov.in/judis CRL.M.P.(MD)No.13991 of 202411. Accordingly, the relief of suspension of sentence is granted to the petitioneron the following conditions:-(i) The petitioner shall execute a bond for a sum of Rs.25,000/- (RupeesTwenty Five Thousand only) with two sureties each for a like sum to the satisfactionof the learned II Additional District and Sessions Judge, Tiruchirappalli;(ii) The sureties shall affix their photographs and Left Thumb Impressionin the surety bond and the trial Court may obtain a copy of his Aadhar card or BankPass Book to ensure his identity; and(iii) The petitioner shall appear before the trial Court daily at 10.30 a.m.,till the disposal of the appeal.It is made clear that at the time of hearing of suspension of sentence in respect of A2,this Court will peruse the allegations made against him independently. sd/- 03/01/2025 / TRUE COPY / 03/01/2025 Sub-Assistant Registrar (CS-I / II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023. VSG6/7 https://www.mhc.tn.gov.in/judis CRL.M.P.(MD)No.13991 of 2024TO1 THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, TIRUCHIRAPPALLI;2 THE INSPECTOR OF POLICE, VAIAYAMPATTI POLICE STATION, TRICHY DISTRICT. 3.THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.T.J.EBENEZER CHARLES, Advocate ( SR-27[I] dated 03/01/2025 ) ORDER IN CRL.M.P.(MD)No.13991 of 2024inCRL.A.(MD)No.1037 of 2024 Date :03/01/2025RK(03/01/2025) 7P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from17/07/2023 7/7