Perumal v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-02-2026

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN in CRL A No.46 of 2026

1. Perumal Petitioner(s) Vs

1. The State Rep. by Inspector of Police, Thoppur Police Station, Dharmapuri District. Crime No.192/2022 Respondent(s) PRAYER To suspend the sentence imposed in judgment dated 26.11.2025 in S.C.No.68 of 2023 on the file of Hon'ble Fast Track Mahila Court, Dharmapuri and enlarge the Appellant in bail and thus render Justice. For Petitioner(s):

Mr.C.Deepakkumar For Respondent(s):

Mr.S.Raja Kumar, Additional Public Prosecutor

ORDER

This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed on the petitioner by the judgment dated 26.11.2025 passed in S.C.No.68 of 2023 by the learned Fast Track Mahila Court, Dharmapuri, pending disposal of the above criminal appeal and to enlarge the petitioner on bail.

2. The petitioner/accused in S.C.No.68 of 2023 was convicted by the Trial Court, by judgment dated 26.11.2025, for the offence under Section 294(b) of IPC and sentenced to undergo three months rigorous imprisonment, and for the offence under Section 307 of IPC and sentenced to undergo seven years rigorous imprisonment and to pay a fine of Rs.10,000/-, in default, to undergo two years simple imprisonment. Aggrieved by the same, he has filed Crl.A.No.46 of 2026 before this Court, along with the instant Criminal Miscellaneous Petition, seeking suspension of sentence and bail. 3.The gist of the allegation is that, on account of previous enmity, the petitioner attacked the defacto complainant with a knife repeatedly on his hands, legs, chest, and mouth, and thus committed the aforesaid offences.

4. The learned counsel for the petitioner would submit that the alleged occurrence did not take place in the manner projected by the prosecution; that

the eye witnesses turned hostile; that the evidence of the victim does not inspire confidence; and that, in any event, there are several arguable points in the appeal which require consideration, and hence the sentence may be suspended.

5. Heard the learned Additional Public Prosecutor appearing for the respondent and perused the materials available on record.

6. Considering the fact that the petitioner has raised substantial grounds in the above appeal which require consideration, and that there are several inconsistencies in the evidence adduced by the prosecution, and since the petitioner has made out a prima facie case, this Court is inclined to grant the relief of suspension of sentence to the petitioner. Further the appeal is not likely to be taken up for final hearing in the near future.

7. Accordingly, this criminal miscellaneous petition stands allowed and the sentence imposed on the petitioner is suspended till the disposal of the above criminal appeal and the petitioner is ordered to be released on bail on the following conditions:

(i)The petitioner shall execute a bond for a sum of Rs.10,000/-, with two sureties, each for a like sum to the satisfaction of the learned Fast Track Mahila Court, Dharmapuri;

(ii)The petitioner and 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 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.

02-02-2026 skr Index:Yes/No Speaking/Non-speaking order Internet:Yes

To

1. Learned Fast Track Mahila Court, Dharmapuri.

2. The Inspector of Police, Thoppur Police Station, Dharmapuri District.

3. The Public Prosecutor, Madras High Court, Chennai.

4. The Superintendent, Central Prison, Coimbatore.

SUNDER MOHAN J.

skr in CRL A No.46 of 2026 02-02-2026