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Judgment
K. Narayana Kurup, J.—A1 and A2, father and son respectively stand convicted and sentenced by the Principal Sessions Judge, Virudhunagar at Srivilliputhur in Sessions case No. 103-99 for offences under Sections 341 and 302 r/w. 34 IPC.
The case put forward by the Petitioners in this Crl.W.P. is that they have been falsely implicated by the prosecution for the alleged offences.
Upon hearing learned Counsel for the Petitioners at length and upon perusing the materials placed before us, we are of opinion that the first accused is not entitled to suspension of sentence as prayed for. However, the second accused, against whom there is no allegation of any overt act, is entitled to be released on bail. Accordingly, while dismissing this Crl.M.P. for suspension of sentence as regards the first accused, we direct the second accused in sessions case No. 103/99 on the file of the Principal Sessions Judge, Virudhunagar at Srivilliputhur, be released on bail on condition that he executed a bond for a sum of Rs. 10,000/- (Rupees ten thousand only) with two solvent sureties for the like sum to the satisfaction of the Committee court viz., Judicial Magistrate No. 1, Sattur. It is made clear tha the second Petitioner- A2 will appear before the committal court on the first working day of every month until further orders.
We make it clear that the first accused/A1 will be at liberty to move this Court again, if he is so advised, with afresh application for suspension of sentence only after three years from today.