Ezhil @ Ezhilarasan v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:22.07.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN in Crl.A.No.695 of 2025 Ezhil @ Ezhilarasan S/o. Govindan Residing at No.10, Villianur Main Road, Moolakulam,

...Petitioner

Vs.

The State by its Inspector of Police, Reddiyarpalayam PS ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 389 of Cr.P.C & 430(1) of BNSS 2023 to suspend the sentence imposed up on the petitioner by the learned III Additional Sessions Judge, Puducherry made in S.C.No.80 of 2019 by a judgment dated 21.03.2025 and release him on bail pending disposal of criminal appeal.

For Petitioner : Mr.V.Balamurugan For Respondent : Mr. K.S.Mohandass Public Prosecutor (Puducherry)

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, to suspend the sentence imposed up on the petitioner by the learned III Additional Sessions Judge, Puducherry made in S.C.No.80 of 2019 by a judgment dated 21.03.2025 and release him on bail pending disposal of criminal appeal.

2. The petitioner herein is the accused in S.C.No.80 of 2019 on the learned III Additional Sessions Judge, Puducherry. He was found guilty of the offences and convicted and sentenced as under: S.No.

Conviction Sentence Section 304(1) IPC To undergo rigorous imprisonment for 10 years with fine of Rs.1,000/-, in default to undergo simple imprisonment for six months.

Section 458 IPC To undergo rigorous imprisonment for two years, with a fine of Rs.1,000/-, in default to undergo simple imprisonment for six months.

Section 398 IPC To undergo rigorous imprisonment for seven years with a fine of Rs.1,000/-, in default to undergo simple imprisonment of six months.

Aggrieved by the same, the Criminal Appeal along with the present miscellaneous petition has been filed.

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

4. Per contra, the learned Public Prosecutor (Puducherry) appearing for the respondent 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.

6.

Considering the facts and circumstances of the case coupled with the quantum of punishment imposed upon the petitioner, also by considering the submissions of the learned counsel for the petitioner and the learned Public Prosecutor (Puducherry) 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 is granted on the following conditions: (a) The petitioner/accused is ordered to be released on bail, on his executing a separate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, one of whom shall be a blood relative, each for a like sum, to the

satisfaction of the learned III Additional Sessions Judge, (b) The petitioner/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 petitioner shall appear before the Trial Court daily at 10.30 a.m. for a period of 30 days and thereafter on the first working day of every English Calendar month 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 the said 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. 8.

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

22.07.2025 Index : Yes/No : Yes/No Internet : Yes Speaking/non-speaking order bkn

G.K.ILANTHIRAIYAN, J.

bkn To

1. The III Additional Sessions Judge, Puducherry.

2. The Inspector of Police, Reddiyarpalayam PS

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

4. The Superintendent, Central Prison, in Crl.A.No.695 of 2025 22.07.2025