Muthu @ Muthusamy v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.11.2025 C O R A M THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN Crl.M.P.No.12033 of 2025 in Crl.A.No.701 of 2025 Muthu @ Muthusamy ... Petitioner/A6 -vsThe State Rep.

The Inspector of Police Kelamangalam Police Station Crime No.220/2016 ... Respondent/Complainant Prayer: Petition filed under Section 389 (1) of Cr.P.C. to enlarge the petitioner on bail by suspending the sentence imposed on him in S.C.No.1 of 2018 on the file of the learned Additional and Sessions Judge, Hosur dated 25.04.2025.

For Petitioner : Mr.S.Parthasarathy For Respondent : Mr.A.Damodaran Addl. Public Prosecutor assisted by M/s.M.Arifa Thasneem *****

O R D E R

This Criminal Miscellaneous Petition has been filed seeking to suspend the sentence and conviction made in the judgment in S.C.No.1 of 2018 on the file of the learned Additional and Sessions

Judge, Hosur dated 25.04.2025, pending disposal of the Criminal Appeal before this Court and enlarge the petitioner on bail.

2. Learned Additional and Sessions Judge, Hosur, in S.C.No.1 of 2018, had convicted and sentenced the petitioner as follows: Rank of the Accused Offence Imprisonment Fine Rs.1000/- in default to undergo further simple imprisonment for 1 year Imprisonment for life A6 302 read with 149 of IPC 201 read with 302 of IPC One year of Simple Imprisonment Rs.1000/- in default to undergo further simple imprisonment for one month A6 These sentences were ordered to run concurrently

3. Challenging the above conviction and sentence, the petitioner has filed the present Criminal Appeal and he seeks suspension of sentence and bail in the present Miscellaneous Petition.

4. Learned counsel for the appellant / petitioner submitted that the various circumstances relied upon the prosecution is not complete and there is no evidence whatsoever against the petitioner and the Trial Court has relied the extra judicial confession made by A1. He further submitted that there are arguable points available in the Criminal Appeal and that the petitioner/A6 has a fair chance of succeeding in the

same. Therefore, the substantive sentence imposed against the appellant / petitioner may be suspended. He further submitted that the appellant / petitioner is ready to abide by any condition imposed by this Court.

5. The respondent has filed the counter affidavit. The learned Additional Public Prosecutor, submitted that there is materials against the petitioner/appellant.

6. We have heard the rival submissions and perused the entire materials available on record. The entire case rests mainly on the circumstantial evidences and the Trial Court has persuaded on the alleged extra judicial confession made by A1 and there is no incriminating materials pointing towards the present accused/A6. Hence, this Court is of the view that the petitioner/appellant has made out a prima facie case for suspending the sentence.

7. Accordingly, considering the submissions made on either side and taking into account the fact that the Criminal Appeal is not likely to be taken up 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.

8. Accordingly, this Criminal Miscellaneous Petition stands allowed and the sentence imposed on the petitioner is suspended on the

following conditions:- (i) The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties for a like sum to the satisfaction of the learned Additional and Sessions Judge, Hosur;

(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;

(iii) The petitioner shall appear before the trial Court on every Monday at 10.30 a.m., until the disposal of the Criminal 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 of 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.

(iv) On the failure of any of the above conditions by the petitioner / accused, it is open to the trial Court to commit the petitioner / accused into custody for undergoing the sentence.

(N.S.K.,J.) (M.J.R.,J.) 25.11.2025 dhk

To

1. The Additional and Sessions Judge, Hosur

2. The Superintendent Central Prison, Salem

3. The Inspector of Police Kelamangalam Police Station

4. The Public Prosecutor, High Court, Madras.

N.SATHISH KUMAR, J.

AND M.JOTHIRAMAN , J.

dhk Crl.M.P.No.12033 of 2025 in Crl.A.No.701 of 2025 25.11.2025