High Court · 2025

Crl.M.P.Nos.2837 & 2843 of 2025in Crl.A.Nos.564 & 720 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26.11.2025CORAMTHE HONOURABLE MR JUSTICE N. SATHISH KUMARANDTHE HONOURABLE MR.JUSTICE M.JOTHIRAMANCrl.M.P.Nos.2837 & 2843 of 2025in Crl.A.Nos.564 & 720 of 20241.SelvakumarS/o.Selvaraj2.SelvamS/o.JayaramanBoth are the residents ofMela Street, Vannankuzhi, Meensuruti PostUdayarpalayam Taluk, Ariyalur DistrictPetitioner(s)/A5 and A6 in Crl.M.P.No.2837 of 20251.KalaiselvanS/o.Kaliyamoorthy, North Street, Vennankuzhi, Meensuruti Post, Udayarpalayam Taluk, Ariyalur District.2.SankarS/o.Kaliyamoorthy, North Street, Chokkalingapuram, Meensuruti Post, Udayarpalayam Taluk, Ariyalur District.Page 1 of 9 https://www.mhc.tn.gov.in/judis Crl.M.P.Nos.2837 & 2843 of 2025in Crl.A.Nos.564 & 720 of 20243.Ramu @ RamamoorthyS/o.Vellaisami, North Street (Road Street), Chokkalingapuram, Meensuruti Post, Udayarpalayam Taluk, Ariyalur District.Petitioner(s)/A1, A3 & A4 in Crl.M.P.No.2843 of 2025VsThe State represented by theInspector of Police, Aanaikaran Chathiram Police Station, Mayiladuthurai District. (Crime No.291 of 2012)Respondent(s)/Complainant in both casesCommon Prayer:Civil Miscellaneous Petitions filed under Section 389(1) Cr.P.C. [Section 430(1) of BNSS, 2023], to suspend the sentence imposed on the petitioners by judgment dated 25.04.2024 passed in S.C.No.135 of 2018 on the file of the District and Sessions Court, Mayiladuthurai and enlarge the petitioners on bail, pending disposal of the above criminal appeals. For Petitioners(s) in Crl.M.P.No.2837 of 2025For P1 in :Mr.Abudukumar Rajarathinam, Senior Counsel assisted by Mr.S.Ashok Kumarfor Mr.V.R.Navaneetha KrishnanPage 2 of 9 https://www.mhc.tn.gov.in/judis Crl.M.P.Nos.2837 & 2843 of 2025in Crl.A.Nos.564 & 720 of 2024Crl.M.P.No.2843 of 2025For P2 & P3 in Crl.M.P.No.2843 of 2025::Mr.Ananthanarayanan, Senior Counselfor Mr.K.BaluMr.R.C.Dhilip PandianFor Respondent(s) inboth cases:Mr.A.DamodaranAdditional Public Prosecutorassisted by Ms.M.Arifa ThasneemCOMMON ORDER(Made by N.Sathish Kumar, J.)These criminal miscellaneous petitions have been preferred seeking to suspend the sentence imposed on the petitioners by judgment dated 25.04.2024 passed in S.C.No.135 of 2018 on the file of the District and Sessions Court, Mayiladuthurai and enlarge the petitioners on bail, pending disposal of the above criminal appeals. 2.The petitioners, who were the accused in S.C.No.135 of 2018 before the District and Sessions Court, Mayiladuthurai, were convicted as follows:Page 3 of 9 https://www.mhc.tn.gov.in/judis Crl.M.P.Nos.2837 & 2843 of 2025in Crl.A.Nos.564 & 720 of 2024AccusedProvision under which convictedSentenceKalaiselvan (A1)Section 353 IPCTwo years rigorous imprisonment.Section 302 IPCLife imprisonment and fine of Rs.2,000/-, in default to undergo three months rigorous imprisonment.Section 201 IPCSeven years rigorous imprisonment and fine of Rs.2,000/-, in default to undergo three months rigorous imprisonment.Section 205 r/w 109 IPCThree years rigorous imprisonment.Section 4(1)(aa) (transport) of the TNP ActSix months rigorous imprisonment and fine of Rs.2,000/-, in default to undergo one month rigorous imprisonment.Sankar (A3) and Ramu @ Ramamoorthy (A4)Section 353 IPCTwo years rigorous imprisonment.Section 302 r/w 109 IPCLife imprisonment and fine of Rs.2,000/-, in default to undergo three months rigorous imprisonment.Section 201 IPCSeven years rigorous imprisonment and fine of Rs.2,000/-, in default to undergo three months rigorous imprisonment.Section 205 r/w 109 IPCThree years rigorous imprisonment.Section 4(1)(aa) (transport) of the TNP ActSix months rigorous imprisonment and fine of Rs.2,000/-, in default to undergo one month rigorous imprisonment.Selvakumar (A5) and Selvam (A6)Section 201 IPCSeven years rigorous imprisonment and fine of Rs.2,000/-, in default to undergo three months rigorous imprisonment.Section 205 r/w 109 IPCThree years rigorous imprisonment.The aforesaid sentences were ordered to run concurrently.Page 4 of 9 https://www.mhc.tn.gov.in/judis Crl.M.P.Nos.2837 & 2843 of 2025in Crl.A.Nos.564 & 720 of 20243.Challenging the above conviction and sentence, the petitioners have filed Crl.A.Nos.564 & 720 of 2024 along with Crl.M.P.Nos.7613 & 8200 of 2024 seeking suspension of sentence and bail and the same were dismissed by this Court on 23.10.2024. Now, for the second time, the petitioners have filed the instant miscellaneous petitions seeking suspension of sentence and bail. 4.The learned counsel appearing for the petitioners would submit that the entire prosecution case is indicated as if when the police party stopped the car of A1, A1 tried to escape from the place and at that time, he dashed the deceased, who was coming in his two wheeler and hence, the deceased died. He would further submit that in the evidence of the so-called eyewitnesses viz. PWs.1 & 2, there is absolutely no description of the accused, however, the trial Court, believing the evidence of the so-called eyewitnesses, has convicted the petitioners. He would further submit that the petitioners are in confinement from the date of their conviction.Page 5 of 9 https://www.mhc.tn.gov.in/judis Crl.M.P.Nos.2837 & 2843 of 2025in Crl.A.Nos.564 & 720 of 20245.The learned Additional Public Prosecutor appearing for the respondent/police has filed a counter affidavit and opposed for the grant of suspension of sentence and bail to the petitioners.6.On considering the rival submissions and perusing the entire materials available on record, we are of the view that the petitioners have made out a prima facie case for suspending the sentence.7.The petitioners have raised substantial grounds in the appeal which require detailed appraisal. Moreover, the petitioners have been in incarceration since 25.04.2024. Further, the appeals are not likely to be taken up in the near future. In such view of the matter, this Court is of the view that the petitioners are entitled to the relief of suspension of sentence and bail.8.Accordingly, these criminal miscellaneous petitions are allowed and the relief of suspension of sentence and bail is granted to the petitioners on the following conditions:Page 6 of 9 https://www.mhc.tn.gov.in/judis Crl.M.P.Nos.2837 & 2843 of 2025in Crl.A.Nos.564 & 720 of 2024(i)The petitioners shall execute a bond for a sum of Rs.25,000/-, with two sureties, each for a like sum to the satisfaction of the District and Sessions Court, Mayiladuthurai;(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; and (iii)The petitioners shall appear before the respondent/police on every Monday at 10.30 a.m. until the disposal of the appeal and if they are not able to appear before the trial Court on any day, they shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the trial Court on any other day in lieu of the date of their absence, as directed by the trial Court.(iv)On breach of any of the aforesaid conditions, the learned Sessions Judge is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Sessions Judge himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].(N.S.K., J.) (M.J.R., J.) 26.11.2025nsdPage 7 of 9 https://www.mhc.tn.gov.in/judis Crl.M.P.Nos.2837 & 2843 of 2025in Crl.A.Nos.564 & 720 of 2024To1.The District and Sessions Judge, Mayiladuthurai2.The Inspector of Police, Aanaikaran Chathiram Police Station, Mayiladuthurai District. 3.The Superintendent, Central Prison, Cuddalore.4.The Public Prosecutor, Madras High Court,Chennai – 600 104.Page 8 of 9 https://www.mhc.tn.gov.in/judis Crl.M.P.Nos.2837 & 2843 of 2025in Crl.A.Nos.564 & 720 of 2024N.SATHISH KUMAR, J.andM.JOTHIRAMAN, J.nsdCrl.M.P.Nos.2837 & 2843 of 2025in Crl.A.Nos.564 & 720 of 202426.11.2025Page 9 of 9