CHENNAI: The Madras High Court has suspended the five-year prison sentence imposed on EMPEE Group businessman Shaji Purushothaman in a culpable homicide case and granted him bail, observing that his criminal appeal raised arguable points. He was sentenced in a drunk-driving crash in 2013 that killed a 13-year-old boy and left five others injured.
Noting that the appeal involved arguable issues and that its final hearing was likely to take some time, Justice M Nirmal Kumar suspended the sentence until disposal of the appeal.
The court directed Shaji to execute a bond for Rs 10,000 with two sureties, and appear before the trial court once every three months, on the first working day from September at 10.30 am. The trial court was permitted to take appropriate action if he breached the conditions.
Shaji, along with his friends Kumar, Syed Anwar and Anil Rao, had been arrested in the case and later released on bail. During the trial, Syed was discharged, while proceedings against Anil were quashed.
The case against Shaji and Kumar was tried by the VII Additional Sessions Court, Chennai. After nearly 13 years of trial, the court convicted Shaji on June 29 and acquitted Kumar.
Shaji was sentenced to five years’ rigorous imprisonment for culpable homicide not amounting to murder and had to pay a fine of Rs 10,000. He was also sentenced to three years’ rigorous imprisonment and fined Rs 500 under another charge. Both sentences were ordered to run concurrently.
Challenging the conviction and sentence, Shaji moved the High Court with a criminal appeal. During the hearing, the Government Advocate (Criminal Side), appearing for the police, submitted that there had been initial slackness in the investigation, but the probe was subsequently transferred to and monitored by higher officials, following which a charge sheet was filed
The advocate also contended that the accused had delayed the trial by filing successive petitions and argued that lapses in the investigation could not benefit the petitioner or justify the suffering and denial of justice caused to the victims.
The prosecution further submitted that Shaji had absconded after the trial court’s judgment and was now in prison, and strongly opposed suspension of his sentence.