High Court · 2025

CRL MP(MD) NO. 4282 of 2025 inBEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29-07-2025CORAMTHE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRAANDTHE HONOURABLE MS.JUSTICE R. POORNIMACRL MP(MD) NO. 4282 of 2025 inCrl.A(MD)No.406 of 2025SudalaikannuS/o.Sivasubramanian, No.90/23, Pugaludiayar Street,Soorangudi, Tirunelveli District.(Now confined at CentralPrison, Palayamkottai) Petitioner(s) VsThe State of TamilnaduRep by The Inspector of Police, Nanguneri Police Station,Tirunelveli District. Crime no.311 of 2011. Respondent(s)Prayer:This petition is filed under Section 430(2) BNSS r/w. Section 389(1) Cr.P.C., toenlarge the petitioner on bail by suspending the sentence imposed upon him inS.C.No.63 of 2013 on the file of the learned IV Additional Sessions Court, Tirunelveliand by judgment dated 27.02.2025 pending disposal of the appeal.For Petitioner(s): Mr.Mayilvazhana Rajendran, forR.IlayarajaK. VeilmuthuC.Suresh KannanB.DeepakMuthulakshmi.V1/7 https://www.mhc.tn.gov.in/judis CRL MP(MD) NO. 4282 of 2025 inShunmalar.MAddl. Typed Set of Papers filed - 6117/2025For Respondent(s): Mr.B.Nambi SelvanAdditional Public ProsecutorORDER(Order of the Court was made by the Hon'ble A.D.JAGADISH CHANDIRA J.)Seeking to suspend the sentence imposed on the petitioner by the IV AdditionalSessions Court, Tirunelveli, vide Judgment dated 27.02.2025 in S.C.No.63 of 2013, hehas filed this criminal miscellaneous petition.2. The petitioner stands convicted and sentenced as under:Section of LawSentence ofimprisonmentFine amount302 I.P.C.To undergolifeimprisonmentRs.1000/- i/dto under go sixmonths simpleimprisonment3. The case of the prosecution is that the de-facto complainant viz.,Sankarganesh, who is residing at Kadamboduvalvu Village, with his family andall the accused are the resident of Soorankudi Village, which is an adjacentvillage of Kadamboduvalvu Village. On 27.09.2011, there was a temple festivalconducted by Soorankudi Villages in the eve of Thasara. For which, the nearby2/7 https://www.mhc.tn.gov.in/judis CRL MP(MD) NO. 4282 of 2025 invillages were also participated in the above said temple festival. During thefestival, there was a wordy altercation between one Sundarapandi and thefourth accused, with regard to fire pit walking ceremony. Hence, the villageelders have pacified the issue between the parties. In the meanwhile, there wasan attack occurred by Kadamboduvalvu Villagers and out of the said attack, theappellant as well as the other accused sustained injuries. Based on which, acomplaint has been given and a case has been registered in Crime No.310 of2011. Out of the enmity in the said occurrence, when the appellant as well as theother accused came near Pooludaiyar Street, Soorankudi, where they have beenwaylaid by the accused persons and abused them in filthy language andattacked them with deadly weapons. Due to which, a case has been registered inCrime No.311 of 2011.4.The learned counsel appearing for the petitioner would submitthat the trial Court had failed to take into consideration that it is a case and casein counter. It is an admitted case of P.W.15/Investigating Officer that the socalled victims are the residents of Kadamboduvalvu Village and that even asper P.W.15, 19 persons belonging to the so called victim's side have entered intothe village during the wee hours at 01.15 a.m., and they have committedcriminal trespass into the house of the second accused viz., Sudalaikannu and3/7 https://www.mhc.tn.gov.in/judis CRL MP(MD) NO. 4282 of 2025 inthey have assaulted him indiscriminately with sickle and wooden-log. It hasbeen reported in Ex.P.17/inquest report and A1 to A4, who had sustainedinjuries and they have admitted to Nanguneri Government Hospital at the earlyhours on 28.09.2011. The learned counsel further submitted that it is alsocategorically admitted by the Investigating Officer/P.W.15 that the residents ofKadamboduvalvu village are aggressors in this case and there is no intention onthe part of the petitioner to commit the offence. The learned counsel furthersubmitted that the deceased, who said to have been admitted in the hospital on28.09.2011 has passed away on 05.10.2011. The petitioner is a resident ofSoorangudi Viilage and he do not have any bad antecedents. Hence, he prayedfor suspension of sentence.5.Per contra, the learned Additional Public Prosecutor appearing forthe respondent – Police, has filed a detailed counter and stated that the trialCourt rightly finding that the incidents are separate incident had conducted twodifferent trial and there is no procedural irregularities in the case. Theinfirmities pointed out by the petitioner does not affect the case of theprosecution in any manner and thereby he would vehemently oppose for grantof bail to the petitioner.6. Heard the learned counsel on either side and perused the4/7 https://www.mhc.tn.gov.in/judis CRL MP(MD) NO. 4282 of 2025 inmaterials available on record.7. It is an application of suspension of sentence. We do not proposeto delve deep into the evidence at this stage. The appeal is of the year 2023 andthe petitioner is in prison for more than two years. Further the likelihood of theappeal being taken up for final hearing in the near future is also not possible.Having gone through the records and perused the materials available on recordincluding the deposition, more particularly, the deposition ofP.W.15/Investigating Officer, we are of the opinion that it is a fit case for grantof suspension of sentence to the petitioner.8. Accordingly, the criminal miscellaneous petition is allowed andthe substantive sentence of imprisonment alone imposed on the petitionerherein is suspended, subject to the following conditions:i. The petitioner is directed to be enlarged on bail on executing a bond forRs.10,000/- (Rupees Ten thousand only) with two sureties, each fora like sum to the satisfaction of the learned Judicial Magistrate,Nanguneri, Tirunelveli District.ii. The sureties shall affix their photographs and Left Thumb Impressionin the surety bond and the Trial Court may obtain a copy of theirAadhar card or Bank passbook to ensure their identity.5/7 https://www.mhc.tn.gov.in/judis CRL MP(MD) NO. 4282 of 2025 iniii. The petitioner shall stay at Chennai and report before the Inspector ofPolice, Flower Bazaar Police Station, daily at 10.30 a.m., until furtherorders.iv. It is made clear that the petitioner shall not enter into thejurisdictional limits of the respondent Police Station until furtherorders. sd/- 29/07/2025 / TRUE COPY / 31/07/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023. nsTO1 THE IV ADDITIONAL SESSIONS JUDGE, TIRUNELVELI.2 THE JUDICIAL MAGISTRATE, NANGUNERI, TIRUNELVELI DISTRICT.3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.4 THE INSPECTOR OF POLICE, NANGUNERI POLICE STATION,TIRUNELVELI DISTRICT.5 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.6 THE INSPECTOR OF POLICE, FLOWER BAZAAR POLICE STATION,CHENNAI.7 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS6/7 https://www.mhc.tn.gov.in/judis CRL MP(MD) NO. 4282 of 2025 inHIGH COURT, MADURAI. +1 CC to M/s.R.ILAYARAJA, Advocate ( SR-8120[I] dated 29/07/2025 ) ORDER IN CRL MP(MD) NO. 4282 of 2025 inCrl.A(MD)No.406 of 2025 Date :29/07/2025NBF/SAR- /31/07/2025/ 7P/9CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7