V.Ponvel v. The State Represented By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-12-2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN in CRL A No.542 of 2025

1. V.Ponvel S/o.Velusamy, No.21, Sekkilar 2nd Street, MGR Nagar, Chennai - 600 078.

(Now Confined At Central Prison, Puzhal-I) Petitioner(s) Vs

1. The State Represented by its The Inspector of Police, R-7, K.K.Nagar Police Station, Chennai - 636003. Crime No.933/2020 Respondent(s) PRAYER The Criminal Miscellaneous Petition is filed under Section 430 of BNSS praying to Suspend the Sentence imposed in S.C.No.66 of 2022, dated 29.07.2024 on the file of the Learned XVII Additional District and Sessions Judge, Chennai and enlarge the petitioner on Bail, until the pending disposal of the above Criminal Appeal Petition No.542 of 2025 on the file of this Honble Court.

For Petitioner(s):

S.Manoharan For Respondent(s):

S.Raja Kumar Additional Public Prosecutor

ORDER

This Criminal Miscellaneous Petition has been filed to suspend the 1/6

sentence imposed on the petitioner in S.C.No.66 of 2022, dated 29.07.2024 on the file of the Learned XVII Additional District and Sessions Judge, Chennai and enlarge the petitioner on bail, pending disposal of the Criminal Appeal. 2.

The petitioner has been convicted for the offences under Section 307 of IPC (2 counts) and sentenced to undergo rigorous imprisonment of 5 years for each count, and to pay a fine of Rs.5,000/-, in default to undergo simple imprisonment for 6 weeks for each count. 3.

The learned counsel for the petitioner that there are substantial grounds in the above appeal that the victim is the wife of the petitioner; and that the parties have since arrived at compromise, and has in fact filed an affidavit stating that she has no objection to allow the criminal appeal and set aside the judgment of conviction and sentence imposed on the petitioner. 4.

The learned Additional Public Prosecutor would submit that not only the petitioner's wife, but also the employer of the petitioner's wife was injured and therefore, the compromise cannot be accepted solely on the basis on the affidavit filed by the wife of the petitioner. 5.

The petitioner is in custody since 29.07.2024. The defacto complainant has now filed an affidavit agreeing to withdraw her allegations and praying to set aside the judgement of conviction and sentence imposed on the petitioner. The said affidavit is taken on record. 2/6

6.

Considering the period of incarceration and the affidavit filed by the defacto complainant, leaving the question as to whether the judgement can be set aside on the basis of compromise to be decided at a later stage, this Court is inclined to grant the relief of suspension of sentence to the petitioner.

7. Accordingly, this criminal miscellaneous petition stands allowed and the sentence imposed on the petitioner is suspended and the petitioner is ordered to be released on bail on the following conditions: 3/6

(i) The petitioner shall execute a bond for a sum of Rs.10,000/-, with two sureties, each for a like sum to the satisfaction of the learned XVII Additional District & Sessions Judge, Chennai ; (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; and (iii)The petitioner shall appear before the trial Court on the first working day of every 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 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. 10-12-2025 dpa Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The XVII Additional District & Sessions Judge, Chennai 2.The Inspector of Police, R-7, K.K.Nagar Police Station, 4/6

Chennai - 636003.

3.The Superintendent Central Prison, Chennai.

4.The Public Prosecutor, High Court, Madras.

5/6

SUNDER MOHAN J.

dpa CRL MP No. 20351 of 2025 in CRL A No.542 of 10-12-2025 6/6