A.Murugan v. State By, the Inspector of Police,

ORDER (Order of the Court was made by N.Sathish Kumar J.) Though the Criminal Appeal filed by A2, challenging the judgment of conviction and sentence passed against him by the learned Sessions Judge (Mahila Fast Track Court), Erode District, in S.C.No.111 of 2015, dated

07.03.2016, is listed today for final hearing, learned Government Advocate (Crl. Side) appearing for the State brought to the notice of this Court that the judgment of conviction and sentence passed by the trial Court as against A1 in this case has been confirmed by a coordinate Bench of this Court in Crl.A.No.51 of 2017 by judgment dated 17.03.2017, based on the same materials relied upon by the prosecution. Further, an Appeal has also been filed against the said judgment before the Hon'ble Supreme Court in S.L.P.No.(Crl) No.10038 of 2021. The Hon'ble Supreme Court, by order dated 18.03.2025, has entertained the Appeal and has granted bail to A1.

2.In view of the above, since the same materials relied upon by the prosecution against this accused/A2, particularly extra-judicial confession, has also been relied by a coordinate Bench of this Court in the Appeal filed by A1 and the conviction has been confirmed, we are of the view that, unless the Appeal is disposed of by the Hon'ble Supreme Court, this Court cannot take a different view on the same materials earlier relied upon by the Division Bench.

3.In such view of the matter, we are inclined to enlarge the appellant herein/A2 on bail since he is in custody for more than 10 years.

4.Accordingly, the substantive sentence of imprisonment alone is suspended and the petitioner/appellant/A2 shall be released on bail on him executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only), with two sureties each for a like sum to the satisfaction of the learned Sessions Judge (Mahila Fast Track Court), Erode District, and on further conditions that:

(i) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Sessions Judge (Mahila Fast Track Court), Erode District, may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

(ii) on release, the petitioner/appellant/A2 shall appear before the trial Court on the first working day of every month, until further orders, until the disposal of the appeal. (N.S.K.,J.) (K.R.S.,J.) mkn 20-08-2026 To

1.The Sessions Judge, (Mahila Fast Track Court). Erode District.

2.The Inspector of Police, Kodumudi Police Station, Erode District.

3.The Public Prosecutor, High Court, Madras.

4.The Superintendent, Central Prison, Coimbatore. N.SATHISH KUMAR J. AND K.RAJASEKAR J. MKN IN CRL A NO. 117 OF 2021 20-08-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-08-2026 CORAM THE HON'BLE MR JUSTICE N. SATHISH KUMAR AND THE HON'BLE MR.JUSTICE K.RAJASEKAR IN CRL A NO. 117 OF 2021 A.Murugan ..Petitioner(s) Vs State by, The Inspector of Police, Kodumudi Police Station, Erode District. Cr.No.153 of 2015. ..Respondent(s) To suspend the sentence imposed against the petitioner on 07.03.2016, in S.C.No.111/2015 (on the file of the Sessions Court, (Mahila Fast Track Court) Erode District) and release the petitioner on bail till the disposal of the Criminal Appeal. CRL A No. 117 of 2021 Criminal Appeal filed under Section 374(2) of Code of Criminal Procedure against the judgment of the Sessions Court, (Mahila Fast Track Court) Erode District, in S.C.No.111/2015, dated 07.03.2016. For Petitioner(s): Mr.P.Pugalenthi For Respondent(s): Mr.Mohamed Riyaz Government Advocate (Crl. Side)