Advocates:
['M/S C VIJAYAKUMAR', '', 'D ASHOK KUMAR', 'M JANANI']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on

06.10.2021

Pronounced on

29.10.2021

CORAM

THE HON’BLE MR.JUSTICE P.N.PRAKASH

and

THE HON'BLE Ms. JUSTICE R.N.MANJULA

Crl.M.P.No.9382 of 2021

in

Crl.A.No.190 of 2021

1.M.Selvamoorthy

... Petitioners/Appellants/A1 & A2

2.S.Indira

Versus

The State represented by

The Inspector of Police,

Kallakurichi Police Station,

Kallakurichi District.

Crime No.453 of 2016

... Respondent/Respondent/Complainant

Prayer: Criminal Miscellaneous Petition is filed under Section 389(2)

Code of Criminal Procedure, to suspend the sentence imposed on the

Petitioners/A1 and A2 in S.C.No.100 of 2017, dated 30.03.2021, on

the file of the III Additional Sessions Judge, Villupuram @

Kallakurichi and to enlarge the petitioners on bail.

For Petitioners

:

Mr. C.Vijayakumar

For Respondent

:

Mr.R.Muniyapparaj,

Addl. Public Prosecutor (crl.side)

ORDER

R.N.MANJULA, J.

This Criminal Miscellaneous Petition has been filed seeking to

suspend the sentence imposed on the Petitioners / A1 and A2 in

S.C.No.100 of 2017, dated 30.03.2021, on the file of the III

Additional Sessions Judge, Villupuram @ Kallakurichi and to enlarge

the petitioners on bail pending the appeal.

2.

According to the case of the prosecution, A1 to A3 had a

common intention of murdering the deceased and in furtherance of the

said intention; they abused the deceased in filthy language and

murdered the deceased by attacking with ‘kalakkattu’ and hands.

After trial, the learned III Additional Sessions Judge, Villupuram @

Kallakurichi found the accused guilty and convicted all the three

accused. The charges against the 3^rd accused namely Manickam, father

https://hcservices.ecourts.gov.in/hcservices/

of the 1^st appellant, stands abated since he died. The petitioners are

husband and wife and they are arrayed as 1^st and 2^nd accused in this

case. After trial, the learned sessions Judge were convicted and

sentenced the accused as follows on 30.03.2021:

Rank of

the

accused

Provision under

which

convicted

Sentenced the accused

A1

Sec.294(b) IPC

Sec.302 IPC

i) To undergo three

months

simple imprisonment and to pay a

fine of Rs.500/-.

(ii) in default to undergo three

weeks simple Imprisonment.

i) To undergoLife imprisonment

and to pay

a fine of

Rs.10,000/-.

(ii) in default to undergo three

months simple Imprisonment.

A2

Sec.294(b) IPC

Sec.323 IPC

Sec.302 r/w 34

IPC

i) To undergo three months simple

imprisonment and to pay a fine

of Rs.500/-.

(ii) in default to undergo three

weeks simple Imprisonment.

(i) To undergo one year simple

imprisonment and to pay a fine of

Rs.1000/-.

(ii) in default to undergo three

months simple Imprisonment.

i) To undergo Life imprisonment

and to pay a fine of Rs.10,000/-.

(ii) in default to undergo three

months simple Imprisonment.

A3

Sec.294(b), 323

and 302 r/w 34

IPC

charges against A-3 got abated

since he died.

The above sentences are ordered to run concurrently.

3.

Challenging the above conviction and sentence, the

petitioners/ Appellants/Accused 1 and 2 have filed the Criminal

Appeal in Crl.A.No.190 of 2021 along with the instant miscellaneous

petition seeking for suspension of sentence and to enlarge them on

bail.

https://hcservices.ecourts.gov.in/hcservices/

4.

Heard, Mr.C.Vijayakumar,

learned counsel for the

petitioners /accused and Mr.R.Muniyapparaj, learned Additional Public

Prosecutor appearing for the respondent/State.

5.

The case of the prosecution is that the deceased Pavadai

and A- 1 to A-3 are neighbours. There was previous enmity existed

between the deceased and the family of the A-1. One week before the

date of the occurrence, when the deceased was carrying out

construction work at his house, a brick fell on the tiled roof of A-

1. The son of the deceased replaced the broken tiles and solved the

problem. However on 12.08.2016 at about