Senthamizhan v. State Rep By 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. 567 OF 2023

1. SENTHAMIZHAN S/o.Kalimuthu Kumar, Tirumalai Nagar, 3rd Road Street, Back Side, Tirupur.

Petitioner(s) Vs

1. State Rep By Inspector Of Police, Thirumurugan Poondi, Anupparpalayam Police Station, Tirupur District.

Respondent(s) CRL A No. 567 of 2023

1. SENTHAMIZHAN S/o.Kalimuthu Kumar, Tirumalai Nagar, 3rd Road Street, Back Side, Tirupur.

Appellant(s)

Vs

1. State Rep By Inspector Of Police, Thirumurugan Poondi, Anupparpalayam Police Station, Tirupur District.

Respondent(s) PRAYER To suspend the sentence imposed on the accused in S.C.No.177 of 2022 dated 24.04.2023 passed by the Principal Sessions Judge, Thiruppur and enlarge the petitioner on bail pending disposal of the above Crl.A.on the file of this Honble court CRL A No. 567 of 2023 PRAYER To allow the appeal by setting aside the conviction and sentence imposed against the appellant/accused passed by the learned Principal Sessions Judge, Tirupur in SC.No.177/2022 dated 24.4.2023.

For Petitioner(s):

Mr.R.Sankarasubbu 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 petitioner/A1 by the learned Principal Sessions Judge, Thiruppur, in S.C.No.177

of 2022, by judgment dated 24.04.2023. The petitioner was convicted for the offence under Section 302 IPC and sentenced to life imprisonment and to pay a fine of Rs.2,000/- in default to undergo further rigorous imprisonment for three months.

2.Challenging the judgment of conviction and sentence, the accused/A1 has filed the above appeal in Crl.A.No.567 of 2023 and sought for suspension of sentence and grant of bail.

3.Learned counsel for the petitioner/A1 would submit that the other accused A2 and A3 have been acquitted and the evidence of the so-called eyewitnesses creates a serious doubt on the very occurrence itself. The occurrence took place on a sudden quarrel between the witnesses and there is inconsistency in the evidence of the witnesses.

4.On a perusal of the evidence, we are of the view that a prima facie case is made out for grant of bail. Since the appellant has arguable points in this

appeal, which require detailed appraisal and further, since 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 the appellant. 5.Accordingly, the substantive sentence of imprisonment alone is suspended and the petitioner/appellant shall be released on bail on him 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 Judicial Magistrate, Avinasi, and on further conditions that: (i) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Judicial Magistrate, Avinasi, may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

(ii) on release, the petitioner/appellant shall appear before the trial Court on the first working day of every month, until the disposal of the 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 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.

6.Accordingly, this petition is ordered.

(N.SATHISH KUMAR J.)(M.JOTHIRAMAN J.) 20-11-2025 Internet:Yes To 1.The Principal Sessions Judge, Tiruppur.

2.The Judicial Magistrate, Avinasi.

3.The Inspector Of Police, Thirumurugan Poondi, Anupparpalayam Police Station, Tirupur District.

4.The Superintendent, Central Prison, Coimbatore.

5.The Public Prosecutor, High Court, Madras.

N.SATHISH KUMAR J.

AND M.JOTHIRAMAN J.

mkn CRL MP No. 13770 of AND CRL A NO. 567 OF 20-11-2025