K.Ashok Kumar v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-11-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN AND CRL A NO. 1011 OF 2023

1. K.Ashok Kumar S/o.Krishnan, No.63, Nethaji Street, Jaihindpuram, Madurai District.

Petitioner(s) Vs

1. The State rep. by The Inspector of Police, Tiruppur South Police Station, Tiruppur District. Crime No.2002 of 2021 Respondent(s) CRL A No. 1011 of 2023

1. K. Ashok Kumar S/o. Krishnan, No. 63, Nethaji street, Jaihindpuram, Madurai District (The accused are now confined at Central Prison, Coimbatore).

Appellant(s)

Vs

1. State Rep By, The Inspector Of Police Tiruppur South Police Station, in Crime No. 2002/2021, Tiruppur District.

Respondent(s) PRAYER To suspend the sentence imposed on the Appellant by the judgment dated 04.09.2023 passed by the Learned Principal Sessions Judge, Tiruppur in S.C.No.140/2022 and enlarge the Petitioner on bail till the disposal of the above Criminal Appeal and thus render justice.

CRL A No. 1011 of 2023 PRAYER To pass an order to set aside the Judgment and conviction passed in SC.No. 140/2022 dated 04.09.2023 on the file of the Learned Principal Sessions Judge, Tiruppur and allowing the Appeal throughout by acquitting the appellant. For Petitioner(s):

Mr.Sharath Chandran for Mr.R.Anbukarasu 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/A2 by the learned Principal Sessions Judge, Tiruppur, in S.C.No.140 of 2022, by judgment dated 04.09.2023. The petitioner/A2 was convicted for the offences under Sections 302 IPC and 302 r/w. 34 IPC and sentenced to undergo life imprisonment for each offence and to pay a fine of Rs.2,000/- for each offence, in default, to undergo rigorous imprisonment for three months. The sentences were ordered to run concurrently. 2.Challenging the conviction and sentence, the petitioner/A2 has filed the above appeal and sought for suspension of sentence and grant of bail. 3.Learned counsel for the petitioner/A2 would point out that the evidence of P.W.1 and P.W.8, the so-called eye-witnesses, are highly improbable and they would not have witnessed the occurrence at all. It is his contention that their presence at the place of occurrence is highly doubtful. The main accused A1

has also been released on bail by this Court by order dated 09.07.2025 in Crl.M.P.No.3475 of 2024 in Crl.A.No.240 of 2024. 4.We have perused the evidence on record. We are of the view that the petitioner/A2 has made out a prima facie case for grant of bail. Since the appeal is also not likely to be taken up in the near future, we are inclined to suspend the sentence and grant bail to the petitioner.

5.Accordingly, the substantive sentence of imprisonment alone is suspended and the petitioner/A2 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 Principal Sessions Judge, Tiruppur, and on further conditions that: (i) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Principal Sessions Judge, Tiruppur, 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.) 24-11-2025 Internet:Yes mkn

To 1.The Principal Sessions Judge, Tiruppur.

2.The Inspector of Police, Tiruppur South Police Station, Tiruppur District.

Crime No.2002 of 2021 3.The Superintendent, Central Prison, Coimbatore.

4.The Public Prosecutor, High Court, Madras.

N.SATHISH KUMAR J.

AND M.JOTHIRAMAN J.

mkn CRL MP No. 16353 of AND CRL A NO. 1011 OF 2023 24-11-2025