Arasu @ Settu v. State By Its Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-10-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL MP NO. 19251 OF 2025 IN
1. Arasu @ Settu S/o.Thiramalai, No.90/1, Brahmanar Street, Pallaparanathur Village, Kanchipueram Taluk, Kanchipuram District and another
2. Thirumalai S/o.Dharman No.90/1, Brahmanar Street, Pallaparanthur Village, Kanchipuram Taluk, Kanchipuram District Appellant(s) Vs
1. State by its Inspector of police Kanchi Taluk Police Station, Kanchipuram, Kanchipuram District Cr.No.410 of 2022 Respondent(s)
PRAYER To suspend the sentence imposed upon the petitioner/Appeallants by the Additional Assistant Sessions Court, Kanchipuram in S.C.No.124/2023 by judgment dated 15.09.2025 pending disposal of the appeal For Appellant(s):
K. G.Senthil Kumar S.Vinothkumar M.Jayavaradhan For Respondent(s):
Public Prosecutor
ORDER
This petition has been filed to suspend the sentence imposed upon the petitioner/Appeallants by the Additional Assistant Sessions Court, Kanchipuram in S.C.No.124/2023 by judgment dated 15.09.2025 pending disposal of the appeal.
2. The petitioner herein is accused in S.C.No.124/2023 on the file of the Additional Assistant Sessions Court, Kanchipuram. The Trial Court found the petitioners guilty, convicted and sentenced to undergo one month Simple Imprisonment for the offence under Sections 341 IPC, 10 years Rigorous imprisonment for offence under Section 326 IPC, 3 years Rigorous Imprisonment for offence under Section 324 IPC, 10 year Rigorous Imprisonment for offence under Section 307 IPC and directed the petitioners to
pay a sum of Rs.5,00,000/- as compensation to the victim. Aggrieved over the same, the petitioners filed the appeal and to suspend the sentence imposed on the petitioners.
3. The learned counsel for the petitioners submits that petitioners falsely implicated in this case. In fact, both parties are relatives due to wordy quarrel dispute arose between them. There are arguable points available in the Criminal Appeal and the petitioners/accused have got a fair chance of succeeding in the Criminal Appeal and hence, the substantive sentence imposed against the petitioners/accused may be suspended. He would submit that the petitioners are ready to abide the condition imposed by this Court. 4.
Per contra, the learned Government Advocate (Criminal Side) appearing for the respondent/State raised serious objection for allowing this petition stating that due to the occurrence upto the wrist of the left hand of the victim was amputated. Further, he would contend that the evidences recorded from the prosecution witnesses would prove the case of the prosecution beyond reasonable doubt. According to him, interference of this Court is not necessary in the findings arrived at by the trial Court.
5.
Heard the learned counsel appearing on either side and also perused the materials placed on record.
6. The fact reveals that the petitioners 1 and 2 are father and son, who are aged about 28 and 65, respectively. As per the petitioners' counsel they are ready to deposit the compensation awarded by the Trial Court. Considering the facts and circumstances of the case coupled with the quantum of punishment imposed upon the petitioners, also by considering the submissions of the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent police, 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.
7.
Accordingly, till the disposal of the Criminal Appeal, the substantive sentence of imprisonment imposed by the learned trial Judge is alone suspended and bail are granted on the following conditions: (a) The petitioners/accused are ordered to be released on bail, on their executing a separate 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 Additional Assistant Sessions Court, Kanchipuram. Further, the petitioners shall deposit a sum of Rs.5,00,000/- compensation awarded by the trial court to the credit of S.C.No.124/2023 within a period of two weeks from the date of release from the jail and the petitioners shall not have any communication with victim's family and the victim family is permitted to withdraw the said amount.
(b) The petitioners/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.
(c) The petitioners 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 Criminal Appeal and if there are not able to appear before the trial Court on any day, they 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. 8.
With the above directions, this Criminal Miscellaneous Petition is ordered.
16-10-2025 pbl
T.V.THAMILSELVI J.
pbl To
1. The Additional Assistant Sessions Court, Kanchipuram.
2. The Central Prison, Vellore.
3. The Public Prosecutor, High Court, Madras. CRL MP NO. 19251 OF IN 16-10-2025