Sankar v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-10-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Crl.M.P.No.19920 of 2025 in

1. SANKAR S/o. Arumugam, Sengunthar Nagar, Pillaiyar Palayam, Kancheepuram, Now at Vannara Street, Motchakulam, Villupuram Taluk.

Appellant(s) Vs

1. The State rep by The Inspector of Police Valavanur Police Station, Villupuram District. Crime No.906 of 2013.

Respondent(s) PRAYER To suspend the sentence imposed by the learned Sessions Judge, Mahalir Neethimandram, Fast Track Court, Villupuram, by the judgement dated 05.12.2024 in S.C.No.230/2021 by enlarging him on bail pending disposal of the Criminal Appeal NO.1637 of 2025.

For Appellant(s):

M/s.S.Shanthakumari For Respondent(s):

Mr.V.Meganathan, Government Advocate (Crl.Side)

ORDER

The petitioner has filed this petition to Suspend the sentence of conviction order passed in S.C.No.230 of 2021 on the file of the Sessions Court, Mahalir Neethimandram, Fast Track Court, Villupuram, dated 05.12.2024, against the petitioner pending disposal of the above revision.

2. The petitioner herein is the accused in SC.No.230 of 2021, on the file of thethe Sessions Court, Mahalir Neethimandram, Fast Track Court, Villupuram. He was found guilty of the offence under Sections 307 of IPC and the accused is convicted and Sentenced to undergo 10 years rigorous imprisonment and also to pay a fine of RS.5,000/- in default to undergo simple imprisonment for 3 months. The conviction is recorded under Section 235(2) Cr.P.C. The period of detention already undergone is ordered to be set off under Section 428 Cr.P.C, against which the present appeal has been filed.

3. The learned counsel for the petitioner submitted that at the time of occurrence, the petitioner was aged about 35 years, and now he is 42 years. In his first marriage, he has one child, and he had also married the defacto complainant. On the date of the incident, due to wordy quarrel, it is alleged that he poured kerosen over PW-1. However, the petitioner submits that he still has a valid defense and therefore prayed for the suspension of the sentence. He further submitted that he hails from a poor family, his family is starving and he is ready to abide by any condition imposed by this Court.

4. The learned Government Advocate (Crl.Side) raised a strong objection stating that, due to a family dispute between the petitioner and P.W.1, the petitioner poured Kerosene on PW-1, as a result of which she suffered burn injuries.

5. 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, 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. Accordingly, till the disposal of the Criminal appeal, the reliefs of suspension of sentence and bail are granted on the following conditions:

(a) the petitioner is directed to deposit a sum of Rs.30,000/- to the credit of S.C.No.230 of 2021, on the file of the Sessions Court, Mahalir Neethimandram, Fast track Court, Villupuram. (b) the petitioner/accused is ordered to be released on bail, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, in which one surety shall be a blood related surety, each for a like sum to the satisfaction of the learned Sessions Judge, Mahalir Neethimandram, Fast track Court, Villupuram.

(c) 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.

(d) The petitioner shall report before the respondent police on every Sunday at 10.30 a.m, and also shall appear before the Trial Court on every Saturday 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 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.

(e) the defacto complainant is permitted to withdraw the amount, deposited by the petitioner, inS.C.No.230 of 2021, on the file of the Sessions Court, Mahalir Neethimandram, Fast track Court, Villupuram, by filing an undertaking affidavit.

6. It is evident that on the date of the occurrence, PW-1 sustained burn injuries and is now living without any source of income. It is a fit case for awarding victim compensation. However, the trial Court has not granted any compensation. Therefore, considering the injuries sustained by the victim, a sum of Rs.2,00,000/- is ordered to be paid as victim compensation. The District Legal Service Authority, Villupuram is directed to refer the matter to District Collector, Villupuram and ensure that the compensation is paid to the victim PW-1/ Rajalakshmi, within 12 weeks from the date of receipt of a copy of this order.

7.

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

29-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri

To 1.The State rep by The Inspector of Police Valavanur Police Station, Villupuram District. Crime No.906 of 2013.

2.The Sessions Judge, Mahalir Neethimandram, Fast track Court, Villupuram.

3.The Public Prosecutor, High Court of Madras.

4. The District Legal Service Authority, Villupuram.

5.The Superintendent of Prison, Central Prison, Cuddalore.

T.V.THAMILSELVI J.

rri Crl.M.P.No.19920 of in 29-10-2025