JUDGMENT :

P.N. PRAKASH, J.

Prayer: Criminal Miscellaneous Petition filed under Sections 389(1) Cr.P.C. to suspend the sentence imposed on the petitioner by judgment and order dated 17.04.2021 passed in Spl. S.C. No. 19 of 2019 on the file of the learned Principal Sessions Judge, Salem, Salem District and to enlarge the petitioner on bail pending disposal of the appeal.

1. This criminal miscellaneous petition has been preferred seeking to suspend the sentence imposed on the petitioner by judgment and order dated 17.04.2021 passed in Spl. S.C. No. 19 of 2019 on the file of the learned Principal Sessions Judge, Salem, Salem District and to enlarge the petitioner on bail pending disposal of the appeal.

2. The petitioner, who was the second accused in Spl. S.C. No. 19 of 2019 before the learned Principal Sessions Judge, Salem, Salem District, was convicted and sentenced as follows on 17.04.2021:

The aforesaid sentences were ordered to run concurrently.

3. Challenging the above conviction and sentences, the petitioner (A2) has filed Crl. Appeal No. 217 of 2021 along with the instant criminal miscellaneous petition seeking suspension of sentence and bail.

4. Heard Mr. M.R. Jothimanian, learned counsel for the petitioner (A2) and Mr. R. Muniyapparaj, learned Government Advocate (Crl. Side) appearing for the respondent/State.

5. In normal circumstances, we would not have entertained this petition for suspension of sentence and bail. But, it appears that the petitioner (A2) has been in custody since the time of his arrest i.e. 16.01.2019 and this Court, while dismissing the bail application of A1 and this petitioner (A2), had directed the trial Court to complete the trial in a time bound manner.

6. That apart, on facts, we find that the deceased and his relatives were consuming liquor on 15.01.2019 in connection with pongal festivity near the banks of their village stream. While so, the accused party were also consuming liquor nearby. The evidence of Prabhu [PW-2], the brother of the deceased, shows that one Thennarasu belonging to the deceased party, went to the accused party and asked A1 to get liquor for him. In this connection, a quarrel ensued, in which, Thennarasu is said to have first assaulted A1 and as a retaliation, A1 and this petitioner (A2) appear to have attacked the deceased resulting in his death.

7. On instructions, learned Government Advocate (Crl. Side) submits that there are no previous cases against the petitioner (A2).

8. Taking into consideration the long period of detention of the petitioner (A2) and the fact that the appeal is not likely to be taken up in the near future, this Court is of the view that the petitioner (A2) is entitled to the relief of suspension of sentence and bail.

9. Accordingly, the relief of suspension of sentence and bail is granted to the petitioner (A2) on the following conditions:

(i) The petitioner shall execute a bond for a sum of Rs. 25,000/- with two sureties, of whom, one should be a blood relative, each for a like sum to the satisfaction of the learned Judicial Magistrate I, Mettur, Salem District.

(ii) 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 to ensure their identity.

(iii) The petitioner shall appear before the trial Court everyday at 10.30 a.m. for a period of four weeks and thereafter, 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