High Court · 2025

CRL.MP(MD) No. 1 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2025CORAMTHE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRAANDTHE HONOURABLE MS.JUSTICE R. POORNIMACRL.MP(MD) No. 1 of 2025inCrl.A(MD)No.1 of 2025Ashokan...Petitioner /AppellantVs.State of Tamil Nadu,rep. by The Inspector of PoliceCoutralam Police Station,Tenkasi District.(Crime No.210 of 2016) ...... Respondent/ RespondentPrayer : Petition filed under Section 430 (1) of BNSS to suspend the operation andexecution of sentence imposed by the learned Additional District and Sessions Judge(FTC), Tenkasi in S.C.No.658 of 2017 dated 18.09.2024 and to enlarge thepetitioner/appellant on bail till the disposal of pending Criminal Appeal.1/7 https://www.mhc.tn.gov.in/judis CRL.MP(MD) No. 1 of 2025For Petitioner: Mr.A.BalakrishnanFor Respondent: Mr.B.Nambi Selvan Additional Public ProsecutorO R D E R[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.]Seeking to suspend the sentence imposed on the petitioner by theAdditional District and Sessions Judge (FTC), Tenkasi, vide Judgment dated18.09.2024 in S.C.No.658 of 2017, he has filed this Criminal Miscellaneous Petition.2. The petitioner stands convicted and sentenced as under:Section of LawSentence ofimprisonment Fine amount302 IPCTo undergo lifeimprisonment Rs.2,000/- i/d to under gosix months simpleimprisonment3. The case of the prosecution is that on 09.07.2016 at about 12.30 a.m.,near the Panchayat Sintex tank on Pullukattuvalaai M.G.R. Main Road, the deceasedAnand, who was walking back to his residence, was brutally assaulted and2/7 https://www.mhc.tn.gov.in/judis CRL.MP(MD) No. 1 of 2025murdered by the Petitioner/Accused. The petitioner, who was enraged over thedeceased developing an illicit relationship with one Krishnaveni (PW10), followedthe deceased on his two-wheeler, dashed him from behind, and caused him to fall.Immediately, the petitioner took a brick and assaulted the deceased on the head andwhen the brick broken, he took a sickle from his vehicle and inflicted multiple blowsto the head, causing instantaneous death. The occurrence was witnessed by P.W.1,the deceased's brother, and P.W.2, a nearby resident. Based on the complaint lodgedby P.W.1, the respondent police has registered a case in Crime No.210 of 2016 for theoffence under Sections 294(b) and 302 IPC. 4. The learned counsel appearing for the petitioner would submit thatthe motive for the murder as per the prosecution is that P.W.10 was having intimacywith the petitioner and subsequently she has snapped the relationship with him andwas having an affair with the deceased and thereby, the accused is said to havecommitted the murder. The occurrence is said to have taken place at about 11.30p.m., in the night. Though P.W.1 and P.W.7, the brothers of the deceased are said tohave witnessed the occurrence, their presence at the place of occurrence is highlydoubtful. Though P.W.1 has stated that he along with his brother P.W.7 have gonetogether and seen the occurrence, it is the evidence of P.W.7 that he went in search3/7 https://www.mhc.tn.gov.in/judis CRL.MP(MD) No. 1 of 2025of his brother to a different place and he came late. Though P.W.2 was also stated tobe present at the time of occurrence, P.W.7 does not speak about the presence ofP.W.2 at the place of occurrence. P.W.10 the witness examined for the purpose ofmotive has turned hostile and she has not supported the case of the prosecution andduring her cross examination by the prosecution she has stated that on the night ofoccurrence the deceased had gone to her house in an inebriated condition andknocked the door and when P.W.10 had told him that her children are there, thedeceased had kicked the door and gone away in inebriated condition in the bike andthat she heard about the death on account of a dispute with his brother. He wouldfurther submit that apart from that several arguable points are available and thepetitioner is in custody for more than one year, thereby he would seek to suspendthe sentence.5. The respondent has filed a counter. The learned Additional PublicProsecutor would submit that the motive for the murder is that the accused washaving illicit intimacy with P.W.10, subsequently, she had snapped the relationshipwith him and had developed relationship with the deceased and due to the enmitythe accused had committed the murder of the deceased. He would further submitthat P.W.1, P.W.2 and P.W.7 are the witnesses to the occurrence and they have seen4/7 https://www.mhc.tn.gov.in/judis CRL.MP(MD) No. 1 of 2025the occurrence, when they have gone in search of the deceased and further there isalso extra judicial confession of the accused, wherein he had admitted the crime andthereby he would vehemently opposed for grant of bail to the petitioner.6. Heard the learned counsel on either side and perused the materialsavailable on record.7. It is an application of suspension of sentence. We would not proposeto delve deep into the evidence at this stage. Having gone through the records, weare of the opinion that it is a fit case for grant of suspension of sentence to thepetitioner.8. Accordingly, the Criminal Miscellaneous Petition is allowed and thesubstantive sentence of imprisonment alone imposed on the petitioner herein issuspended, 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 for a like sum tothe satisfaction of the learned Additional District and Sessions Judge, Fast TrackCourt, Tenkasi.5/7 https://www.mhc.tn.gov.in/judis CRL.MP(MD) No. 1 of 2025ii. The sureties shall affix their photographs and Left Thumb Impression inthe surety bond and the Trial Court may obtain a copy of their Aadhar card orBank passbook to ensure their identity.iii. The petitioner shall stay at Nagapattinam District and report before theInspector of Police, Nagapattinam Town Police Station, daily at 10.30 a.m., untilfurther orders.iv.It is made clear that the petitioner shall not enter into the jurisdictionallimits of the respondent Police Station until further orders. sd/- 12/08/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.RMTO1. THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FAST TRACK COURT,TENKASI.2.THE SUPERINTENDENT,CENTRAL PRISON,PALAYAMKOTTAI.6/7 https://www.mhc.tn.gov.in/judis CRL.MP(MD) No. 1 of 20253. THE INSPECTOR OF POLICECOUTRALAM POLICE STATION,TENKASI DISTRICT. COPY TO1 THE INSPECTOR OF POLICE, NAGAPATTINAM TOWN POLICE STATION,NAGAPATTINAM. ORDER IN CRL MP(MD) No.1 of 2025INCRL A(MD) No.1 of 2025 Date :12/08/2025NM/13.08.2025/ 7P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7