Chandru@Chandresh v. The State Rep. By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-06-2026

CORAM

THE HON'BLE MR JUSTICE C. SARAVANAN in Crl.A.No.453 of 2026 Chandru@Chandresh S/o.Kempanna, No. 2/87A, Choodasandram, Achubalu, Krishnagiri - 635 118.

..Petitioner(s) Vs The State Rep. by Inspector of Police Thally Police Station, Thally, Krishnagiri District.

Crime No. 170/2016 ..Respondent(s) Prayer: Criminal Miscellaneous Petition filed under Section 430(1) of Cr.P.C, to suspend the sentence made in S.C.No. 30/2023 on the file of the learned Assistant Sessions Judge, Denkanikottai dt. 28.04.2025 and enlarge him on bail pending disposal of the Criminal Appeal For Petitioner(s):

M.Ravindhar For Respondent(s):

M.Mohamed Riyaz, Govt. Advocate(Criminal Side)

ORDER

This Criminal Miscellaneous Petition has been filed by the Petitioner/Appellant, seeking Suspension of Sentence imposed by the trial Court on the file of the learned Assistant Sessions Judge, Denkanikottai in S.C.No.30 of 2023 dated 28.04.2026 for the offences punishable under Sections 451, 395 r/w 397, 342 of IPC and enlarge the Petitioner/Appellant on bail pending disposal of the above Criminal Appeal.

2. The Petitioner herein is the 3rd Accused, who has been convicted along with other accused by the Judgment of the trial Court dated 28.04.2025 in S.C.No.30 of 2023. The conviction and sentence imposed against the Petitioner/Appellant, vide impugned judgment are as follows:- Under Section Sentence Simple imprisonment for Seven years and fine of Rs.5,000/- , in default, to undergo six months simple imprisonment.

395 r/w 397 IPC Rigorous imprisonment for Ten years and fine of Rs.5,000/- , in default, to undergo six months simple imprisonment.

Simple imprisonment for one year and fine of Rs.5,000/- , in default, to undergo six months simple imprisonment.

The aforesaid sentences were ordered to run concurrently.

3. The learned counsel for the petitioner/appellant submitted that already, in Crl.A.No.496 of 2025, this Court has ordered Suspension of Sentence as far as 5th , 6th, 7th and 8th Accused vide Order dated 07.07.2025 in Crl.MP.No.10052 of 2025. He further submitted that the petitioner/appellant was granted bail during trial and he has not misused the liberty granted to him and he has no bad antecedents. Hence, he prayed that the sentence imposed on the petitioner may be suspended and he may be enlarged on bail.

4. The learned Government Advocate (Criminal Side) appearing for the respondent submits that the trial Court, after taking into consideration the oral and documentary evidence produced by the prosecution, rightly found that the Petitioner/Appellant guilty and convicted and sentenced him, as stated above. However, he opposed for granting suspension of sentence.

5. Heard the learned counsel for the Petitioner/Appellant and the learned Government Advocate (Criminal Side) appearing for the respondent and perused the materials on record.

6. There are arguable points available in the Criminal Appeal, which is unlikely to be taken up for final hearing in the near future. The Petitioner/Appellant appears to have a fair chance to succeed in the above appeal. The fine amount has been also paid by the petitioner/appellant.

7. Considering the fact that the A5, A6, A7 and A8 have already been secured a favourable Order from this Court on 07.07.2025 in Crl.A.No.496 of 2025, I am inclined to grant the reliefs of suspension of sentence and bail imposed on the Petitioner/Appellant. Accordingly, pending disposal of the appeal, the substantive sentence of imprisonment alone is suspended and the petitioner/appellant is enlarged on bail, subject to the following conditions:- " (i) The Petitioner/Appellant shall execute 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 Assistant Sessions Judge, Denkanikottai;

(ii) The petitioner/appellant shall appear before the trial Court on the first working day of every English calendar month at 10.30 a.m., until further orders."

10.

Accordingly, the Criminal Miscellaneous Petition stands ordered. 24-06-2026 VV

To

1. The Assistant Sessions Judge, Denkanikottai

2. The Inspector of Police, Thally Police Station, Thally, Krishnagiri District.

3. The Central Prison, Salem

4. The Public Prosecutor, High Court of Madras, Chennai.

C.SARAVANAN, J.

VV in Crl.A.No.453 of 2026 24-06-2026