Karunakaran v. State of Tamilnadu Rep by Inspector of Police, Kattanoor

ORDER This Criminal Miscellaneous Petition has been filed to suspend the sentence of imprisonment imposed by the learned Additional District and Sessions Judge, Aruppukkottai in Crl.A.No.33 of 2022 dated 27.01.2026, confirming the conviction and sentence imposed by the learned Assistant Sessions Court, Aruppukkottai in SC No.78 of 2018 dated 02.08.2022 and enlarge the petitioners on bail, pending disposal of the criminal revision petition.

¶2The learned counsel appearing for the petitioners submitted that the petitioners have been convicted by the trial Court on 02.08.2022 as follows:- Rank of the Accused Offences Punishable Sentence imposed A1/

1st petitioner 341 of IPC 307 of IPC One

month

simple imprisonment and to pay a fine of Rs.100, in default, to under go one week Simple imprisonment. 7 years rigorous imprisonment and to pay a fine of Rs.2,000/-, in default, to undergo 23 months simple imprisonment A2/2nd petitioner 341 of IPC 307 of IPC One

month

simple imprisonment and to pay a fine of Rs.100, in default, to under go one week Simple imprisonment. 7 years rigorous imprisonment and to pay a fine of Rs.2,000/-, in default, to undergo 23 months simple imprisonment A3/3rd petitioner 307 of IPC r/w 34 of IPC 7 years rigorous imprisonment and to pay a fine of Rs.2,000/-, in default, to undergo 23 months simple imprisonment A4/4th petitioner 307 of IPC r/w 34 of IPC 7 years rigorous imprisonment and to pay a fine of Rs.2,000/-, in default, to undergo 23 months simple imprisonment

¶3The learned Additional District and Sessions Judge, Aruppukkottai confirmed the conviction, and sentence and dismissed the Criminal Appeal in Crl.A.No.33 of 2022 dated 27.01.2026. Challenging the same, the present Criminal Revision Case has been filed before this Court along with this Criminal Miscellaneous Petition seeking suspension of sentence.

¶4This Court has carefully considered the rival contentions put forward by either side and also perused the materials available on record.

¶5The learned counsel for the petitioners pointed out that there are certain infirmities and inconsistencies in this case, and also there are certain contradictions in material particulars. The fact remains that there are arguable points involved in this criminal revision and further, the criminal revision is not likely to be taken up for final hearing in the near future and as such, and also considering the fact that the petitioners have good chance of succeeding in the revision petition, this Court is of the considered view that the petitioners herein are entitled to the relief of grant of suspension of sentence.

¶6Accordingly, this petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the revision with the following directions:

(i) The petitioners shall execute bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties, each for a like sum to the satisfaction of the learned Assistant Sessions Court, Aruppukkottai;

(ii) The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; and

(iii) The petitioners shall appear before the learned Assistant Sessions Court, Aruppukkottai, on all working days at 10.30 a.m., until further orders.

¶7Mr.C.Susikumar, learned Government Advocate takes notice for the respondent.

¶9List the matter on 22.09.2026.

27.07.2026 Sm (2/3) Note: Issue order copy on 27.07.2026. To

1.The Additional District and Sessions Judge, Aruppukkottai.

2.The Assistant Sessions Court, Aruppukkottai.

3.The Inspector of Police, Kattanoor Police Station, Virudhunagar District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. L.VICTORIAoGOWRI,oJ. oooooooooooooooooo Sm oo Crl.oMP(MD)No.4029oofo2026 in CRLoRC(MD)No.329oofo2026 (2/3) ooooooooo

27.07.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2026 CORAM THE HONOURABLE MRS JUSTICE L.VICTORIA GOWRI CRL MP(MD) NO. 4029 of 2026 in CRL RC(MD) NO. 329 of 2026 1.Karunakaran 2.Ramakrishnan 3.Seethalakshmi 4.Vasanthi ... Petitioners Vs. The State of Tamilnadu, Rep. by the Inspector of Police, Kattanoor Police Station, Virudhunagar District. Crime No.28 of 2016. ... Respondent PRAYER: This Criminal Miscellaneous Petition is filed under Section 377(1) of Cr.P.C., (U/s. 438(i) of BNSS) to suspend the sentence of imprisonment and sentence imposed by the Assistant Sessions Court, Aruppukkottai in SC No.78 of 2018 dated 02.08.2022 which confirmed by the Additional District and Sessions Judge, Aruppukkottai in Crl.A.No.33 of 2022 dated 27.01.2026, and enlarge the petitioners on bail pending disposal of the above criminal revision petition. For Petitioners : Mr.S.Balamurugan For Respondent : Mr.C.Susikumar Government Advocate (Crl.)