Dhinesh v. The State Of Tamil Nadu Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.06.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.8063 of 2025 in Crl.A.No.384 of 2025 1.Dhinesh 2.Natarajan 3.Jothi

...Petitioners

Vs.

The State of Tamil Nadu Represented by the Inspector of Police, Udayarpalayam Police Station, Ariyalur (Crime No.189 of 2022) ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 430(1) of BNSS, 2023, praying to suspend the sentence and enlarge the petitioner on bail imposed in SC.No.34 of 2023 dated 03.04.2025 on the file of the Sessions Judge, Fast Track Mahila Court, Ariyalur, against the petitioners/appellants, pending disposal of the Crl.A.No. of 2025 on the file of this Court.

1/6

For Petitioners : Mr.Ilayaraja Kandasamy For Respondent : Mr.S.Raja Kumar, Additional Public Prosecutor

ORDER

This Criminal Miscellaneous Petition has been filed praying to suspend the sentence and to enlarge the petitioner on bail imposed in SC.No.34 of 2023 dated 03.04.2025 on the file of the Sessions Judge, Fast Track Mahila Court, Ariyalur, against the petitioners/appellants, pending disposal of the Crl.A.No. of 2025 on the file of this Court. 2.

The petitioners herein are the accused in SC.No.34 of 2023 on the file of the Sessions Judge, Fast Track Mahila Court, Ariyalur. They were found guilty of the offences under Section 306 r/w 34 of IPC and they have been convicted and sentenced as under:

S.No.

Conviction Sentence Section 306 r/w 34 of IPC to undergo simple imprisonment for a period of ten years and to pay a fine of Rs.5,000/- (each), in default to undergo simple imprisonment for six months.

Aggrieved by the same, the petitioners have filed the appeal along with the present miscellaneous petition.

2/6

3.

The learned counsel for the petitioners/accused would submit that there are arguable points available in the Criminal Appeal and the petitioners/accused have got a fair chance of succeeding in the Criminal Appeal and hence, the substantive sentence imposed against the petitioners/accused may be suspended. He would submit that the petitioners are ready to abide the condition imposed by this Court. 4.

Per contra, the learned Additional Public Prosecutor appearing for the respondent/State raised serious objection for allowing this petition. Further, he would contend that the evidences recorded from the prosecution witnesses would prove the case of the prosecution beyond reasonable doubt. According to him, interference of this Court is not necessary in the findings arrived at by the trial Court.

5.

Heard the learned counsel appearing on either side and also perused the materials placed on record.

3/6

6.

Considering the facts and circumstances of the case coupled with the quantum of punishment imposed upon the petitioners, also by considering the submissions of the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the respondent police, further this criminal appeal is not likely to be taken for final hearing in the near future, this Court is of the view that the substantive sentence of imprisonment alone can be suspended on certain conditions. 7.

Accordingly, till the disposal of the Criminal Appeal, the substantive sentence of imprisonment imposed by the learned trial Judge is alone suspended and bail are granted on the following conditions: (a) The petitioners/accused are ordered to be released on bail, on their executing a separate 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 Sessions Judge, Fast Track Mahila Court, Ariyalur (b) The petitioners/accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the Magistrate may obtain a copy of their Aadhaar Cards or Bank Pass Books to ensure their identities. (c) The petitioners shall appear before the Trial Court on 4/6

the first working day of every English Calendar month at 10.30 a.m., until the disposal of the Criminal 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.

8.

With the above directions, this Criminal Miscellaneous Petition is ordered.

19.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok 5/6

G.K.ILANTHIRAIYAN, J.

lok To 1.Sessions Judge, Fast Track Mahila Court, Ariyalur 2.Inspector of Police, Udayarpalayam Police Station, Ariyalur 3.Special Women Prison, Tiruchirapalli 4.The Public Prosecutor, Madras High Court Crl.M.P.No.8063 of 2025 in Crl.A.No.384 of 2025 19.06.2025 6/6