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Madras High CourtCRL MP/19938/2025ordered

Arivanantham v. State Rep. By

2025-10-307 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.10.2025 CORAM :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR AND THE HONOURABLE MR. JUSTICE M. JOTHIRAMAN in Crl.A.No.546 of 2021 Arivanantham ... Petitioner Vs.

State represented by The Inspector of Police, Nannilam Police Station, Thiruvarur District.

... Respondent Prayer in Crl.M.P.No.19938 of 2025 : Criminal Miscellaneous Petition filed under Section 389(2) & 439 Cr.P.C. to suspend the sentence of imprisonment imposed on the petitioner by judgment dated 21.10.2021 and made in S.C.No.7 of 2019 on the file of the learned Principal District and Sessions Judge, Thiruvarur and enlarge the petitioner on bail pending disposal of the above Criminal Appeal.

Prayer in Crl.A.No.546 of 2021 : Criminal Appeal filed as against the judgment dated 21.10.2021 made in S.C.No.7 of 2019 on the file of the learned Principal District and Sessions Judge, Thiruvarur. For Petitioner : Mr.M.Govindaraju For Respondent : Mr.A.Damodaran Additional Public Prosecutor assisted by Ms.M.Arifa Thasneem

O R D E R

(Order of the Court was made by N. SATHISH KUMAR, J.) This petition has been filed to suspend the sentence imposed on the appellant/accused by judgment dated 21.10.2021 in S.C.No.7 of 2019 on the file of the learned Principal District and Sessions Judge, Thiruvarur, convicting the petitioner for the offence under Section 307 IPC and sentencing him to undergo 7 years rigorous imprisonment and to pay a fine of Rs.1,000/-, in default, to undergo three months simple imprisonment; and also convicting the petitioner for the offence under Section 302 IPC and sentencing him to undergo life imprisonment and to pay a fine of Rs.2,000/-, in default, to undergo six months simple imprisonment, and for grant of bail.

2.Though the petition has been originally filed on the ground that the petitioner's father is in his death bed, now it is stated that his father died today morning. Learned Additional Public Prosecutor, who takes notice for the respondent, also has not disputed the death of the petitioner's father today morning.

3.Now, the learned counsel for the petitioner prays that the petitioner may be granted interim bail.

4. Though it is stated that the earlier bail applications moved before this Court were dismissed on the ground that the petitioner was absconding and later, he was arrested and trial continued, considering the fact that admittedly, the petitioner's father has died today morning, we are inclined to grant 15 days interim bail to the petitioner/convict from today, which shall be reckoned from tomorrow morning at 10.00 a.m.

5.Accordingly, this Court issues the following directions : i. The petitioner/convict, namely, Arivanantham, aged about 33 years, S/o.Selvaraj, now confined in Central Prison, Trichy, shall be released on interim bail for a period of 15 days from 31.10.2025 at 10.00 a.m. to 14.11.2025 at 5.00 p.m, subject to his executing bail bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a likesum to the satisfaction of the learned District Munsif-cum-Judicial Magistrate, Nannilam, Thiruvarur District.

ii. The petitioner/convict shall surrender before the prison authorities on 14.11.2025 at 5.00 p.m.

iii. The petitioner is directed to report before the Nannilam Police Station, Thiruvarur District, everyday at 5.00 p.m.

iv. The petitioner shall not leave the State of Tamil Nadu during the period of interim bail.

6.After the expiry of 15 days interim bail, the main application for suspension of sentence will be taken up and decided on its own merits. 7.Post the matter on 14.11.2025.

(N.S.K., J.) (M.J.R., J.) 30.10.2025 mkn Note to Registry : Issue order copy today Internet : Yes To 1.The Principal District and Sessions Judge, Thiruvarur.

2.The District Munsif-cum-Judicial Magistrate, Nannilam, Thiruvarur District.

3.The Inspector of Police, Nannilam Police Station, Thiruvarur District.

4.The Superintendent, Central Prison, Trichy.

5.The Public Prosecutor, High Court, Madras.

N. SATHISH KUMAR , J.

and M. JOTHIRAMAN, J.

mkn in Crl.A.No.546 of 2021 30.10.2025