Alagudurai v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL MP NO. 17819 OF 2025 IN CRL A No. 1488 of 2025

1. ALAGUDURAI S/o.Sellamuthu, Pimbalur, Veppamthattai Taluk, Perambalur District. Now residing at Amman Nagar, Palanisamy Nagar, Puluvapatti 3rd Street, Tiruppur District.

Appellant(s) Vs

1. The State Rep by, The Inspector of Police, Nambiyur Police Station, Erode District. Cr.No.302/2020.

Respondent(s) PRAYER To suspend the sentence imposed in judgment dated 29.08.2025 made in SC No.16/2022 on the file of the III Additional District Sessions Court,

Gobichettipalayam, Erode District, and release the petitioner on bail pending disposal of the above Criminal Appeal.

CRL A No. 1488 of 2025 For Appellant(s):

S.Doraiswamy V.Elangovan B.Duraivaiyapuri For Respondent(s):

Mr. V. Meganathan Government Advocate Crl. Side.

ORDER

This petition has been filed to suspend the sentence imposed in judgment dated 29.08.2025 made in SC No.16/2022 on the file of the III Additional District Sessions Court, Gobichettipalayam, Erode District 2.

The petitioner herein is the accused in SC No.16/2022 on the file of the III Additional District Sessions Court, Gobichettipalayam, Erode District. He was found guilty of the offence under Section 489(B) IPC and 489(C) and he has been convicted and sentenced to undergo simple imprisonment for a period of 5 year Rigorous imprisonment with fine of Rs.2000/-, in default , the petitioner shall undergo a rigorous imprisonment for a period of 3 month as default sentence. Aggrieved by the same, the present appeal has been filed.

3.

The learned counsel for the petitioner/accused would submit that there are arguable points available in the appeal and the petitioner/accused has got a fair chance of succeeding in the appeal and hence, the substantive sentence imposed against the petitioner/accused may be suspended. He would submit that the petitioner is ready to abide any condition to be imposed by this Court. 4.

Heard the learned counsel appearing for the petitioner and also perused the materials placed on record.

5.

Considering the submissions of the learned counsel for the petitioner, coupled with the quantum of punishment imposed upon the petitioner and there is no previous case pending against the petitioner and taking into consideration the fact that this 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. Accordingly, till the disposal of the appeal, the reliefs of suspension of sentence and bail are

granted on the following conditions:

(i) the sentence of imprisonment alone, imposed on the petitioner/accused, shall be suspended, on his execution of a bond for a sum of Rs.25,000/- with two sureties, each for a likesum to the satisfaction of the trial court; (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 the first working day of every English Calendar month at 10.30 a.m., 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 355 of BNSS, 2023 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. With the above directions, this Criminal Miscellaneous Petition is ordered.

22-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The III Additional District Sessions Court, Gobichettipalayam, Erode District.

2.The Central Prison, Coimbatore.

3.The Public Prosecutor High Court, Madras.

T.V.THAMILSELVI J.

CRL MP NO. 17819 OF 2025 IN CRL A NO.1488 22-09-2025