Murugavel v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-11-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN AND CRL A NO. 1308 OF 2024

1. MURUGAVEL S/o.Singaravel, All Are Residing At North Street, Periyakarukkai, Now At Periyadhavidhanallur, Andimadam Taluk, Ariyalur District. and 2 Others

2. PALANIVEL S/o.Singaravel,

3. SINGARAVEL S/o.Thambusamy, Petitioner(s) Vs

1. State Rep By The Inspector Of Police Andimadam Police Station, Ariyalur District. (crime No.915 Of 2020) Respondent(s)

CRL A No. 1308 of 2024

1. MURUGAVEL S/o.Singaravel, 2.PALANIVEL S/o.Singaravel, 3.SINGARAVEL S/o.Thambusamy, All Are Residing At North Street, Periyakarukkai, Now At Periyadhavidhanallur, Andimadam Taluk, Ariyalur District.

Appellant(s) Vs

1. Inspector Of Police, Andimadam Police Station, Ariyalur District. (crime No.915 Of 2020) Respondent(s) PRAYER To suspend the sentence imposed on them by the Learned Additional District and Session Judge, (FAC) Ariyalur, Ariyalur Dsitrict in S.C.No.10 of 2021 by judgment dated 30.08.2024 and enlarge the petitioner on bail pending disposal of the above appeal on the file of this Honourable Court. CRL A No. 1308 of 2024 PRAYER To set aside the conviction and sentence imposed on the Appellants by the Learned Additional District and Session Judge, (FAC) Ariyalur, Ariyalur District in S.C.No.10 of 2021 by judgment dated 30.08.2024 and acquit and set at liberty the appellants from all charges

For Petitioner(s):

Mr.K. Balu For Respondent(s):

Mr.A.Damodaran Additional Public Prosecutor assisted by Ms.M.Arifa Thasneem

ORDER

(Order of the Court was made by N. SATHISH KUMAR, J.) This petition has been filed to suspend the sentence imposed on the petitioners by the learned Additional District and Sessions Judge, Ariyalur, in S.C.No.10 of 2021, by judgment dated 30.08.2024. The appellants/petitioners have been convicted and sentenced by the trial Court as under : Accused Conviction Sentence A1 Section 302 IPC Life imprisonment and fine of Rs.5,000/- in default to undergo three months imprisonment A2 Section 302 IPC r/w. Section 34 IPC Life imprisonment and fine of Rs.5,000/- in default to undergo three months imprisonment A3 Section 302 IPC r/w. Section 109 IPC Life imprisonment and fine of Rs.5,000/- in default to undergo three months imprisonment 2.Challenging the conviction and sentence, the accused A1 to A3 have filed the above appeal in Crl.A.No.1308 of 2024 and have also sought for

suspension of sentence and grant of bail.

3.Learned counsel appearing for the petitioners/appellants would submit that the entire family members have been implicated in the case. In fact, it was a dispute with regard to the family property. It is his contention that there are inconsistencies in the evidences of the witnesses and all the eye-witnesses are also interested witnesses. Therefore, he would submit that he has a fair chance of succeeding in the appeal and seeks for suspension of sentence and bail to the accused.

4.On perusal of records, we found that, as far as A2 and A3 are concerned, caught-hold theory has been introduced by the witnesses as against them. Therefore, the learned counsel has made out a prima facie case for grant of bail only in respect of A2 and A3 alone, but not A1. Since the appellant has arguable points in this appeal, which require detailed appraisal and further, the appeal is not likely to be taken up in the near future, this Court is inclined to grant the relief of suspension of sentence and bail to A2 and A3 alone.

4.Accordingly, the substantive sentence of imprisonment qua petitioners 2 and 3 (A2 and A3) alone is suspended and they shall be released on bail on them executing a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only), with two sureties each for a like sum to the satisfaction of the learned Additional District and Sessions Judge, Ariyalur, and on further conditions that: (i) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Additional District and Sessions Judge, Ariyalur, may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

(ii) on release, the petitioners 2 and 3 (A2 and A3) shall appear before the trial Court on the first working day of every month, until the disposal of the appeal and if they are not able to appear before the trial Court on any day, they 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 their absence, as directed by the trial Court.

Accordingly, this petition is ordered insofar as petitioners 2 and 3 (A2 and A3) are concerned and dismissed as against A1. (N.S.K., J.) (M.J.R., J.) 20.11.2025 mkn Internet:Yes To 1.The Additional District and Sessions Judge, Ariyalur.

2.The Inspector Of Police Andimadam Police Station, Ariyalur District. (Crime No.915 of 2020) 3.The Superintendent, Central Prison, Trichy.

4.The Public Prosecutor, High Court, Madras.

N.SATHISH KUMAR J.

AND M.JOTHIRAMAN J.

mkn CRL MP No. 6408 of AND CRL A NO. 1308 OF 2024 20-11-2025