T.Soundarajan v. The State Represented By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-10-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI AND CRL A NO. 104 OF 2025

1. T.Soundarajan S/o.Thangave, D.No.3/3, Ramasamy Layout, Nelikoanampalayam, Coimbatore. (Now Confined at Central Jail Coimbatore) Petitioner(s) Vs

1. The State Represented by, The Inspector of Police, E-1 Singanallur Police Station, Coimbatore District. Crime No.830 of 2021 Respondent(s) PRAYER To suspend the sentence imposed by the order passed against the petitioner in Sessions Case No.187 of 2022 dated 10.08.2023 on the file of the III Additional Assistant Sessions Judge, Coimbatore and enlarge the petitioner on bail, pending disposal of the above Criminal Appeal Petition on the file of this Honble Court and thus render justice.

For Respondent(s):

Public Prosecutor

ORDER

This petition has been filed to suspend the sentence imposed by the order passed against the petitioner in Sessions Case No.187 of 2022 dated 10.08.2023 on the file of the III Additional Assistant Sessions Judge, Coimbatore and enlarge the petitioner on bail, pending disposal of the above Criminal Appeal Petition.

2. The petitioner herein was convicted by the Trial Court for the offence under Section 394 r/w 397 IPC and sentenced him to undergo Rigorous Imprisonment for 7 years and to pay a fine of Rs.1,000/, in default, Rigorous Imprisonment for 6 months. Aggrieved over the same, the petitioner filed the appeal and this Miscellaneous petition for suspension of sentence.

3. The learned counsel for the petitioner submits that petitioner is only breadwinner of the family and his parents are no more no one to take care of his sister. Further, the petitioner/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 is 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 and he submits that the petitioner has three previous cases. 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.

Considering the facts and circumstances of the case, and his family circumstances and he availed bail in other cases. Further, considering the quantum of punishment imposed upon the petitioner, also by considering the

submissions of the learned counsel for the petitioner 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 petitioner/accused is 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 III Additional Assistant Sessions Judge, Coimbatore.

(b) 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.

(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.

30-10-2025 Pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The III Additional Assistant Sessions Judge, Coimbatore.

2. The Central Prison, Coimbatore.

3. The Public Prosecutor, High Court, Madras.

T.V.THAMILSELVI J.

CRL MP No. 20128 of AND CRL A NO. 104 OF 30-10-2025