Arunkumar v. State Of Tamilnadu Rep By Inspector Of Police, Kumbakonam Taluk

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2026

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CRL.MP(MD) No. 2430 of 2026 in Crl.A(MD)No.1311 of 2025

1. Arunkumar

2. Soundarrajan

3. Suresh

4. Balaji .......

Petitioners Vs.

State rep. by The Inspector of Police Kumbakonam Taluk Police Station Kumbakonam Thanjavur District (Crime No.702 of 2020) ...... Respondent Prayer : Petition filed under Section 430(1) of BNSS to enlarge the petitioners on bail by suspending the sentence imposed upon them in S.C.No.91 of 2020 on the file of the learned Additional District and Sessions Judge(FTC) Kumbakonam, Thanjavur District dated 08.09.2025

For Petitioners : Mr.R.Ilayaraja For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

[Order of the Court was made by G.K.ILANTHIRAIYAN, J.] Seeking to suspend the sentence imposed on the petitioners by the learned Additional District and Sessions Judge(FTC) Kumbakonam, Thanjavur District, vide Judgment dated 08.09.2025 in S.C.No.91 of 2020 ,the present Criminal Miscellaneous Petition has been filed.

2. The petitioners stands convicted and sentenced as under: Section of Law Sentence of imprisonment Fine amount 148 of IPC Three years rigorous imprisonment Rs.1000/- i/d to undergo six month simple imprisonment 294(b) of IPC Rs.500/- One month simple imprisonment Rs.5,000/- i/d to undergo one year simple imprisonment 302 r/w 149 of IPC Life Imprisonment Rs.5,000/- i/d to undergo one year simple imprisonment 302r/w.109 of IPC Life Imprisonment

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

4. It is seen that A1 and A2 has caused injuries on the vital parts of the deceased and caused his death. Considering the period of incarceration suffered by the petitioner and also the fact there is no specific allegation as against the third and fourth accused and that there are several arguable points and further the appeal is of year 2025 and the likelihood of the appeal being taken up for final hearing in the near future is also not possible, we are of the opinion that it is a fit case for grant of suspension of sentence to the petitioners 3 and 4..

5. Accordingly, the Criminal Miscellaneous Petition is allowed and the substantive sentence of imprisonment alone imposed on the petitioners 3 and 4 alone herein is suspended, subject to the following conditions: i. The petitioners 3 and 4 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 Additional District and Sessions Judge(FTC) Kumbakonam, Thanjavur District 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 appear and sign before the trial Court at 10.30 a.m., on the first working day of every English calender month, till the disposal of the Criminal Appeal.

6. As regards the first and second petitioner the petition stands dismissed .

[G.K.I., J.] & [R.P., J.] 21.01.2026 NCC : Yes / No Index : Yes / No aav

Copy to

1. The Additional District and Sessions Judge(FTC) Kumbakonam, Thanjavur District

2. The Superintendent Central Prison, Trichy 3.The Inspector of Police Kumbakonam Taluk Police Station, Kumbakonam, Thanjavur District 4.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.