Kannappan v. State

1/7CRL MP No. 15308 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. 15308 of 2025inCrl.A.No.1450 of 2023 KannappanPetitioner(s)VsState rep by The Inspector of Police, Uthukuli Police Station, Tiruppur, District. Crime No. 106 of 2018 Respondent(s)PRAYER:Petition filed under Section 389 (1) of Cr.P.C. to suspend the sentence imposed against the petitioner on 21.11.2023 in S.C.No.42 of 2019, on the file of the learned Principal Sessions Court, Tiruppur and release the petitioner on bail till the disposal of the Criminal Appeal. For Petitioner(s):Mr.P.PugalenthiFor Respondent(s):Mr.A.Damodaran https://www.mhc.tn.gov.in/judis 2/7CRL MP No. 15308 of 2025 Addl. Public Prosecutor Assisted by M.Arifa Thasneem, AdvocateORDER(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 21.11.2023, in S.C.No.42 of 2019, on the file of the learned Principal Sessions Court, Tiruppur, pending disposal of the Criminal Appeal before this Court and enlarge the petitioner on bail.

Learned Principal Sessions Court, Tiruppur, in S.C.No.42 of 2019, had convicted and sentenced the petitioner as follows: Rank of the AccusedOffenceImprisonmentFineSole Accused302 IPCImprisonment for lifeRs.2,000/- in default to undergo Rigorous Imprisonment for three months. Sole Accused307 IPCSeven years Rigorous Imprisonment (2 counts)Rs.2,000/- for each count, in default to undergo Rigorous Imprisonment for three months, totally for two counts.

Challenging the above conviction and sentence, the petitioner https://www.mhc.tn.gov.in/judis 3/7CRL MP No. 15308 of 2025has filed the present Criminal Appeal and he seeks suspension of sentence and bail in the present Miscellaneous Petition.

Learned counsel for the appellant / petitioner submitted that there is a case in counter, which is not properly investigated and the alleged occurrence took place in the night hours and the accused also suffered injuries, which is not properly explained. 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 appellant / petitioner may be suspended. He also submitted that the appellant / petitioner is ready to abide by any condition imposed by this Court.

The learned Additional Public Prosecutor appearing on behalf of the respondent filed the counter affidavit and objected granting of suspension of sentence to the petitioner.

We have heard the rival submissions and perused the entire https://www.mhc.tn.gov.in/judis 4/7CRL MP No. 15308 of 2025materials available on record.

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 Appeal 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.