Suresh v. The State Rep by

ORDER (Order of the Court was made by M.S.RAMESH. J,) This Criminal Miscellaneous Petition has been filed seeking to enlarge the petitioner on bail imposed in S.C.No.11 of 2021 dated

28.08.2023 passed by the learned Principal Sessions Judge, Tiruppur, pending disposal of the above Criminal Appeal.

¶2The petitioner is the sole accused in S.C.No.11 of 2021. The learned Principal Sessions Judge, Tiruppur vide judgment dated

28.08.2023 has convicted and sentenced him as follows:- Accused Offence Sentence

Sole accused Section 302 IPC Life imprisonment and a fine of Rs.2,000/-,i/d. 3 months of R.I Section 201 IPC r/w Section 302 IPC 7 years of R.I and a fine of Rs.2,000/-,i/d. 3 months of R.I The sentences are ordered to run concurrently.

¶3While the judgment of the trial Court is under challenge in the main Appeal, the petitioner seeks for suspension of sentence in the present Miscellaneous Petition.

¶4Though the prosecution had led in evidences of P.W.3, P.W.5 to P.W.7 as eyewitnesses to the occurrence, these evidences reveal that after the assault by the accused on 14.07.2019 at 05.00 p.m, he had accosted the deceased to his house and had also taken him to the hospital. He did not abscond but rather was very much available in the vicinity. According to the eyewitnesses, the assault was a result of a sudden quarrel, during which, the accused used a log, that was readily available at the scene and assaulted the deceased on the head twice.

¶5From these evidences, there appears to be a possibility that the accused may have attacked the deceased, without an intention to commit murder. However, this is only our prima facie view. Since the judgement of the Trial Court may warrant modification of the sentence in the light of our prima facie observations and considering that the accused is under incarceration from 16.07.2019 onwards, for about two years, we are inclined to suspend the sentence of the petitioner/sole accused.

¶6Accordingly, this Criminal Miscellaneous Petition stands allowed, and the sentence imposed on the petitioner herein, is suspended till the disposal of the appeal and he is ordered to be enlarged on bail, on the following conditions:-

(i) The petitioner shall execute a bond for a sum of Rs.25,000/-, with two sureties each, for a like sum to the satisfaction of the Judicial Magistrate No.1, Sankari;

(ii) The petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bonds and the Trial Court may obtain a copy of their Aadhar card or Bank pass Book and mobile numbers to ensure their identity; and

(iii) The petitioner shall appear before the Trial Court on the first working day of every month at

10.30 A.M., until the disposal of the 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 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. (M.S.R, J.) (V.L.N, J.)

17.07.2025 Anu Note:Issue order copy on 18 .07.2025 To

1.The Judicial Magistrate No.1, Sankari

2.The Principal Sessions Judge, Tiruppur

3.The Inspector of Police, Tiruppur Rural Police Station, Tiruppur City, Tiruppur District

4.The Superintendent of Prison, Central Prison, Salem.

5.The Public Prosecutor, High Court, Madras. Crl.M.P.No.11062oofo2024 inoCrl.A.No.1003oofo2024 M.S.RAMESH,oJ. and oV.oLAKSHMINARAYANANo,ooJ.o Anu Crl.M.P.No.11062oofo2024 inoCrl.A.No.1003oofo2024

17.07.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.07.2025 CORAM: THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN Suresh ... Petitioner/Sole accused Vs. State represented by The Inspector of Police, Tiruppur Rural Police Station, Tiruppur City, Tiruppur District (Crime No.356 of 2019) ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 389(1) of the Criminal Procedure Code, seeking to enlarge the petitioner on bail imposed in S.C.No.11 of 2021 dated 28.08.2023 passed by the learned Principal Sessions Judge, Tiruppur pending disposal of the above Criminal Appeal. For Petitioner : Mr.C.S.Saravanan For Respondent : Mr.A.Damodaran, Additional Public Prosecutor assisted by Ms.M.Arifa Thasneen