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18 views

display_pdf (9)

Law

Uploaded by

sivasankarrajapandian
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction )

Monday, the Sixteenth day of September Two Thousand Nineteen

PRESENT

The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA

CRIMINAL MISCELLANEOUS PETITION No.12882 of 2019

IN CRL.A.NO.586 of 2019

SUBRAMANI [ PETITIONER/APPELLANT ]

Vs

STATE REP BY [ RESPONDENT ]


THE INSPECTOR OF POLICE,
SANKARAPURAM POLICE STATION,
VILLUPURAM DISTRICT.
(CR.NO.707/2012)

Petition praying that in the circumstances stated therein and in


the affidavit filed therewith the High Court will be pleased to

(i) To suspend the sentence passed in Special Case No.1/2015


dated 30.08.2019 on the file of the Special Judge (Principal Sessions
Judge), Villupuram Sessions Division, Villupuram and enlarge the
petitioner on bail pending disposal of the above Crl.A.586 of 2019.

Order : This petition coming on for orders upon perusing the


petition and the filed in support thereof and upon hearing the
arguments of M/S.A.SARAVANAN, Advocate for the petitioner, and of MR.
M.MOHAMED RIYAZ, Additional Public Prosecutor, on behalf of the
Respondent, the court made the following order:-

The Criminal Miscellaneous Petition has been filed by the


Appellant/Accused, to suspend the sentence of imprisonment imposed in
the judgment dated 30.08.2019 made in Special Case No.1/2015, on the
file of the learned Special Judge, (Principal Sessions Judge),
Villupuram Sessions Division, Villupuram , pending disposal of the
appeal.

2 The Appellant/Accused was found guilty of the offences u/s.


304(ii) IPC and u/s. 135 of Electricity Act and he has been convicted
and sentenced as under:
S.No. Conviction Sentence
1. u/s.304(ii) IPC 5 years R.I
https://hcservices.ecourts.gov.in/hcservices/
2. U/s.135 of Electricity Act 2 years R.I
The sentences are ordered to run concurrently. Aggrieved
against the same, the petitioner has preferred this appeal. Pending
appeal, the petitioner has filed the present miscellaneous petition
seeking suspension of sentence.

3 The case of the prosecution is that P.W.1 is the son of the


deceased Munusamy and P.W.2 is the wife of the deceased Munusamy and
that on 01.09.2012 at about 9.00 p.m., the said munusamy went to the
land for watering sugarcane crops and did not return to home till
next day at 8.00 a.m. and one Palani came to him and informed that
his father died due to electric shock in a illegal electric fence of
the Accused/Subramani. Based on the complaint, a case was registered
by the police and after investigation the appellant was charged tried
and committed for the offences as stated above.

4 The learned counsel for the Appellant/Accused would submit


that the Trial Court erred in convicting the appellant/accused, when
the prosecution has not proved the case beyond all reasonable doubts
and that there are arguable points available in the appeal and that
the petitioner has got a fair chance of succeeding in the appeal. He
would submit that the petitioner is the only bread winner of the
family and there is no one to support them and that the petitioner is
now confined in the Central prison, Cuddalore.

5 The learned Additional Public Prosecutor would oppose,


stating that the prosecution has let in evidence to prove that the
petitioner/accused was in possession of the property and that he had
illegally electrified the fence. The evidence of Electricity Board
officials and the Village Administrative officer is clear and
categoric about the installation of illegal electric fence in Survey
Nos.229/1H and 229/1, which belonged to the accused and as per the
evidence of P.W.4, it is only the accused, who put up the electric
fencing.

6 Considering the facts and circumstances of the case and


also considering the submissions of the learned counsel on either
side, this Court is of the view that the substantive sentence of
imprisonment alone can be suspended on certain conditions.
Accordingly, till the disposal of the Criminal Appeal, the
substantive sentence of imprisonment alone is suspended and the
Petitioner/ accused is ordered to be enlarged on bail, on the
following conditions:-

i. The Petitioner/ accused shall execute a bond for a sum of


Rs.50,000/- (Rupees Fifty Thousand only), with two
sureties, each for a like sum to the satisfaction of the
learned Judicial Magistrate, Sankarapuram.
ii.The Petitioner//accused shall report before the Trial
Court on the first working day of every English Calendar
https://hcservices.ecourts.gov.in/hcservices/
month at 10.30 a.m., until further orders.

-sd/-
16/09/2019

This order, on being produced, be punctually observed and carried


into execution by all concerned

TRUE COPY

Sub-Assistant Registrar (Statistics/C.S.)


High Court, Madras - 600 104.

TO

1 THE SPECIAL JUDGE


(PRINCIPAL SESSIONS JUDGE) VILLUPURAM
SESSIONS DIVISION, VILLUPURAM.

2 THE JUDICIAL MAGISTRATE,


SANKARAPURAM.

3 THE CHIEF JUDICIAL MAGISTRATE,


VILLUPURAM. [FOR INFORMATION]

4 THE INSPECTOR OF POLICE,


SANKARAPURAM POLICE STATION,
VILLUPURAM DISTRICT.

5 THE PUBLIC PROSECUTOR


HIGH COURT, MADRAS.

6 THE SUPERINTENDENT,
CENTRAL PRISON, CUDDALORE.

+1 C.C. to M/S.A.SARAVANAN Advocate on payment of necessary


charges SR.NO.19288
Order

in
CRL MP.12882/2019
in
CRL.A.586/2019

Date :16/09/2019

From 7.2.2001 the Registry is issuing certified


copies of the BAIL/Anti.BAIL Orders in this format

TA-20/09/2019
https://hcservices.ecourts.gov.in/hcservices/

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