High Court · 2025

CRL MP No. 6394 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 19-11-2025CORAMTHE HONOURABLE MR JUSTICE N. SATHISH KUMARANDTHE HONOURABLE MR.JUSTICE M.JOTHIRAMANCRL MP No. 6394 of 2025 inCrl.A.No.572 of 20231. M.Murugan @ Muruganantham2.G.Perumal @ VairaperumalPetitioner(s)Vs1. State Rep ByThe Assistant Commissioner of Police,Thiruppur South City, Thiruppur District.2.State Rep By The Inspector of PoliceNorth Police Station, Tiruppur. Crime No.194 of 20183.NAGARAJANRespondent(s)PRAYERPetition filed under Section 389 (1) of Cr.P.C.to suspend the sentence imposed on the petitioner in Spl.S.C.No.02 of 2019 passed by the learned Principal Sessions Court, Tiruppur by an order dated 10.10.2022 and enlarge the petitioners on bail pending disposal of the Criminal Appeal. https://www.mhc.tn.gov.in/judis CRL MP No. 6394 of 2025For Petitioner(s):Mr.N.Manokaranfor Mr.V.TamizhanbanFor Respondent(s):Mr.A.DamodaranAddl. Public Prosecutor Assisted by M.Arifa Thasneem, Advocate for R1 & R2.Mr.E.Chandrasekaran, Legal Aid Counsel for R3.ORDER(Order of the Court was made by N.SATHISH KUMAR.J.,)This Criminal Miscellaneous Petition has been filed seeking to suspend the sentence and conviction made in the judgment dated 10.10.2022, in Spl.S.C.No.02 of 2019, on the file of the learned Principal Sessions Court, Tiruppur, pending disposal of the Criminal Appeal before this Court and enlarge the petitioners on bail.2. Learned Principal Sessions Court, Tiruppur, in Spl.S.C.No.02 of 2019, had convicted and sentenced the petitioners as follows: Rank of the AccusedOffenceImprisonmentFineA1 & A2302 IPCLife Imprisonment eachRs.2,000/- each in default to undergo https://www.mhc.tn.gov.in/judis CRL MP No. 6394 of 2025Rank of the AccusedOffenceImprisonmentFineSimple Imprisonment for three months.A1 & A23(2)(v) of SC/ST (POA) Amendment Act, 2015Life Imprisonment eachRs.2,000/- each in default to undergo Simple Imprisonment for three months.3. Challenging the above conviction and sentence, the petitioners have filed the present Criminal Appeal and seek suspension of sentence and bail in the present Miscellaneous Petition.4. Learned counsel for the appellants / petitioners submitted that the though earlier petition seeking suspension of sentence was dismissed on 03.12.2024, the merits of the matter was not gone into and according to him, the evidence of PW1 & PW2 and the presence of the Eye witnesses is highly doubtful in the thorny bushes. It is his further contention that it is against the normal conduct of persons to hold such a meeting in thorny bushes to resolve the issue between the parties. The case of the prosecution is that the deceased had eloped with PW7, who was already married, which was the reason, he was https://www.mhc.tn.gov.in/judis CRL MP No. 6394 of 2025eliminated. The accused called the deceased and PW7 to settle the matter and they decided to have a meeting at a different place other than the house. This aspect creates serious doubt. Further, PW7 was said to have accompanied the deceased, which does not support the prosecution’s case. It is further contended that though the occurrence was said to have taken place on 07.04.2018, FIR was registered on the same day, but it reached the Court on the very next day. This aspect creates serious doubt and the accused are in custody for more than three years.4.1.He further submitted that there are arguable points available in the Criminal Appeal and that the appellant/petitioner has a fair chance of succeeding in the same. Therefore, the substantive sentence imposed against the appellants / petitioners may be suspended. He also submitted that the appellants / petitioners are ready to abide by any condition imposed by this Court and prays for suspension of sentence for the petitioners.5. The learned Additional Public Prosecutor appearing on behalf of https://www.mhc.tn.gov.in/judis CRL MP No. 6394 of 2025the respondents 1 & 2 filed the counter affidavit and objected granting of suspension of sentence to the petitioners.6.The learned counsel for the de facto complainant/R3 submitted that the previous petition seeking suspension of sentence was dismissed on 03.12.2024 on merits. The second petition is not maintainable and objected granting of suspension of sentence to the petitioners.7. We have heard the rival submissions and perused the entire materials available on record.8. It is stated that the earlier petition was dismissed based on the evidence of the Eye Witnesses and merits of the matter was not gone into. Be that as it may, when other grounds have been raised in the present petition, we are of the view that on new grounds, there is no bar for the second petition. Accordingly, considering the submissions made on either side, we find that a prima facie case is made out and taking into account the fact that the Criminal https://www.mhc.tn.gov.in/judis CRL MP No. 6394 of 2025Appeal is not likely to be taken up for final hearing in the near future, this Court is of the view that the substantive sentence of imprisonment alone can be suspended on certain conditions.9. Accordingly, this Criminal Miscellaneous Petition stands allowed and the sentence imposed on the petitioners is suspended on the following conditions:-(i) The petitioners shall execute a bond for a sum of Rs.25,000/- each (Rupees Twenty Five Thousand only), with two sureties each for a like sum to the satisfaction of the learned Principal Sessions Court, Tiruppur; (ii) The petitioners and 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 and mobile numbers to ensure their identity;(iii) The petitioners shall appear before the trial Court on all working days at 10.30 a.m., until the disposal of the Criminal Appeal and if he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 317 of Cr.P.C. and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court. https://www.mhc.tn.gov.in/judis CRL MP No. 6394 of 2025(iv) On the failure of any of the above conditions by the petitioners / accused, it is open to the trial Court to commit the petitioners / accused into custody for undergoing the sentence.(N.S.K.,J.) (M.J.R.,J.)19-11-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NosliTo1. State Rep ByThe Assistant Commissioner of Police,Thiruppur South City, Thiruppur District.2.State Rep By The Inspector of PoliceNorth Police Station, Tiruppur. Crime No.194 of 2018.3.The Principal Sessions Court, Tiruppur.4.The Superintendent, https://www.mhc.tn.gov.in/judis CRL MP No. 6394 of 2025Central Prison, Coimbatore.5.The Superintendent,Central Prison, Trichy.6.The Public Prosecutor,High Court, Madras.N.SATHISH KUMAR, J.ANDM.JOTHIRAMAN, J.sli https://www.mhc.tn.gov.in/judis CRL MP No. 6394 of 2025CRL MP No. 6394 of 2025 inCrl.A.No.572 of 20239/919-11-2025