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Madras High CourtCRL MP(MD)/1163/2026allowed

Ananthakrishnan v. State Of Tamilnadu Rep By Inspector Of Police, Thirukattupalli

2026-03-18Honourable Mr Justice N. Anand Venkatesh,Honourable Mr. Justice P.Dhanabal6 pages

CRL MP(MD) NO. 1163 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18-03-2026

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH AND THE HONOURABLE MR. JUSTICE P.DHANABAL CRL MP(MD) NO. 1163 of 2026 in CRL A(MD).NO.90 of 2026 1.Ananthakrishnan 2.Nagarajan Petitioner(s) Vs State of Tamilnadu, Rep By the Inspector of Police, Thirukattupalli Police Station Thanjavur District.

Crime No.557 of 2021.

Respondent(s) For Petitioner(s):

Mr.T.Gowthaman, Senior Counsel for Ms.S.Karpagapriya For Respondent(s):

Mr.E.Antony Sahaya Prabahar, Addl. Public Prosecutor

Prayer:

To Suspend the sentence of Imprisonment Imposed on the petitioners/appellants in S.C.No.69 of 2022 dated 24.11.2025 and enlarge the petitioners on bail pending disposal of the above Criminal Appeal.

ORDER

(Order of the Court was made by the Hon'ble N.Anand Venkatesh J.) This petition has been filed by the petitioners seeking for suspension of the sentence imposed in the judgment made in S.C.No.69 of 2022 dated 24.11.2025 passed by the learned I Additional District and Sessions Judge (PCR), Thanjavur and to enlarge the petitioner on bail.

2. The petitioners were found guilty and were convicted and sentenced by the learned I Additional District and Sessions Judge (PCR), Thanjavur in S.C.No.69 of 2022 by judgment dated 24.11.2025.

3. The petitioner stands convicted and sentenced as under: Section of Law Sentence of imprisonment Fine amount

Rs.500/- i/d to undergo one month simple imprisonment 342 of IPC Six months rigorous imprisonment 302 r/w 34 of IPC Life Imprisonment Rs.1000/- i/d to undergo one month simple imprisonment The above sentences were directed to be run concurrently

4. Heard the learned counsel on either side and perused the materials available on record.

5. The case of the prosecution is that there was a previous enmity between the deceased Selvam and one Kasiraja, who was a juvenile, since the said Kasiraja's sister fell in love and eloped and married a person against the wishes of the family members. On the fateful day, on 05.10.2001 at about 05.00 p.m., the petitioners herein along with the said Kasiraja are said to have gone to the house of the deceased and abused Kasiraja in filthy language. The petitioners herein held the accused and the said Kasiraja is said to have attacked the deceased with sickle which resulted in the death of the said Selvam. There were totally four accused persons in this case. Since the said Kasiraja was a juvenile, he was tried separately before the

Juvenile Justice Board. Out of the three remaining accused persons, Accused No.3 died and hence, the charges abated and Accused Nos.1 and 2 alone underwent trial before the Court below.

6. The learned Senior Counsel appearing on behalf of the petitioners / appellants submitted that there are lots of discrepancies in the eye-witness account and that creates a doubt in the manner in which the incident had taken place. He further submitted that there was also injury suffered by Accused No.1 and that has not been explained by the prosecution and hence, the very genesis of the case of the prosecution becomes questionable.

7. The learned Additional Public Prosecutor appearing for the respondent submitted that the trial Court had taken into account the eyewitness account of P.W.2 to P.W.4 and P.W.10 and come to a conclusion that the prosecution has proved the case beyond reasonable doubts. The learned Additional Public Prosecutor, on instructions, submitted that the case against the juvenile has already been disposed of. On instructions, it was further submitted that there were no previous cases pending against the petitioners.

8. This Court, on carefully considering the submissions made on either side, finds that a prima facie case has been made out since the manner in which the incident had taken place has to be gone into and it has to be seen whether the case in hand will fall within any of the exception to Section 300 of IPC. The petitioners have suffered incarceration from 24.11.2025 and it will take some more time to take up the appeal for final hearing. Hence, this Court is inclined to suspend the sentence imposed on the petitioners and accordingly, this Criminal Miscellaneous Petition is allowed, subject to the following conditions: i. The petitioners are directed to be enlarged on bail on executing a bond for Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Thiruvaiyaru.

ii. 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 passbook to ensure their identity. iii. The petitioners shall stay at Madurai and report

before the Inspector of Police, Thallakulam Police Station, every day at 05.30 p.m. until further orders. (N.ANAND VENKATESH J.) (P.DHANABAL J.) 18-03-2026 TSG To 1.The I Additional District and Sessions Judge (PCR), Thanjavur.

2.The Judicial Magistrate, Thiruvaiyaru.

3.The Inspector Of Police, Thirukattupalli Police Station, Thanjavur District.

4.The Inspector of Police, Thallakulam Police Station, Madurai. 5.The Superintendent of Prison, Central Prison, Trichy.