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2003 (4) Crimes 437
MADRAS HIGH COURT (DB)
P. Sathasivam & Thanikachalam. JJ.
B. Govindarajan -Petitioner
versus
The Inspector of Police -Respondent
Criminal Misc. Petition No. 9906 of
2003 in Crl. A. No. 340 of 2003
Decided on 5-11-2003
For the Petitioner:Mr. K. Doraisamy. Senior Counsel for M/s. A. Jegedisan and J. Raghavendran. Advocates.
For the Respondent: Mr. V.M.R. Rajendran, Addl. P.P.
Headnote:Criminal Procedure Code. 1973 -- Section 3S9 - Application for suspension of sentence – Appellant applicant with co-accused committed murder - Overt act attributed to appellant was that be caused cut injuries on right hand & right shoulder but both those injuries were simple in nature - Petitioner was 67 years old person It was a retired teacher suffering from heart ailment-Fit case to grant bail by suspending substantive sentence.
(Paras 3. 4 &: 7)
Result: Petition allowed.
ORDER
P. Sathasivam, J. - The petitioner is the third accused in S.C. No. 47 of 2000 on the file of Principal Sessions Judge. Nagercoil.
2. The allegation against the third accused is that he joined with other three accused in the crime conspired to commit the murder of one Velayuthaperumal and in pursuance of the conspiracy at about 8.00 p.m. on 25-9-1999 they attacked the deceased and that the petitioner cut him on the right hand and right shoulder while the other accused inflicted other injuries.
3. Learned Senior Counsel for the petitioner would point out that the overt act attributed against the petitioner is he cut the deceased and inflicted injuries on the right wrist and right shoulder. He also points out that as per the evidence of Doctor who was examined as PW 4. both the said injures found on the deceased vtz., injuty Nos. 6 and 8. ate not grievous and are simple in nature.
4. The Learned Senior Counsel also points out that as per the opinion of the Doctor the injuries said to have been inflicted by the petitioner are not fatal and directly responsible for the death. He also brought to our notice that the petitioner is aged about 67 years and he is a retired teacher and suffering from heart ailment. In support of the above claim the petitioner has produced the Medical Report from the Doctor concerned. Those certificates are enclosed in the form of typed set of papers.
5. Learned Additional Public Prosecutor would state that PWs. 1 and 2 are eyewitnesses. Considering the materials the learned Sessions Judge has rightly convicted them.
6. We have considered the contentions raised by the learned Senior Counsel for the petitioner, We have perused the materials placed and also the submissions made by the Additional Public Prosecutor.
7. In the light of the materials we are inclined to grant bail to the petitioner. On payment of entire fine amount by the petitioner the substantive sentence of imprisonment alone is suspended and the petitioner is enlarged on bail on condition that he executes a bond for a sum of Rs. 10,000 (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of Judicial Magistrate No. II. Nagercoil and on further condition that petitioner shall report before the said Court at 10.30 a.m. on the first working day of every month pending the appeal.
Petition allowed.
