Mari @ Mariammal v. State Of Tamilnadu Rep By Inspector Of Police, Uthumalai
CRL MP(MD) No.4994 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2026
CORAM
THE HONOURABLE MR JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR JUSTICE K.K.RAMAKRISHNAN Crl.M.P(MD) No.4994 of 2026 in Crl.A(MD) No.291 of 2026 Mari @ Mariammal Petitioner Vs The Inspector of Police, Uthumalai Police Station, Surandai Circle (Incharge), V.K.Pudur Police Station, Tenkasi District.
(Crime No.167 of 2014) Respondent For Petitioner:
Mr.B.Prahalad Ravi For Respondent(s):
Mr.C.Christopher Government Advocate Prayer:
To Suspend the sentence imposed on the petitioner by the Additional District and Sessions Judge (FAC), Tenkasi, Tenkasi District, in S.C.No.463 of 2015 by the judgment dated 10.08.2023 and enlarge the petitioner on bail pending disposal of the appeal.
ORDER
(Order of the Court was made by the Hon'ble N.Anand Venkatesh J.) This petition has been filed seeking suspension of the sentence of imprisonment imposed on the petitioner/A4, by the the learned Additional District and Sessions Judge (FAC), Tenkasi, Tenkasi District, in S.C.No.463 of 2015 by the
judgment, dated 10.08.2023 and to enlarge the petitioner on bail.
2. The petitioner/A4 is convicted and sentenced by the Trial Court as follows: Section of law Sentence of Imprisonment Fine amount Rs.2000/- each in default to undergo 1 year simple imprisonment 302 IPC Life imprisonment Rs.2000/- each in default to undergo 3 months simple imprisonment 364 IPC 1 year simple imprisonment Rs.1000/- each in default to undergo 1 month simple imprisonment 342 IPC - The above sentences were ordered to run concurrently and the period of incarceration already undergone by the accused was ordered to be set off under Section 428 Cr.P.C.
3. The case of the prosecution is that the deceased Petchiammal was residing at Rajathotam in Veeranam and A2 is the sister of the deceased. A3 is the husband of A2 and A1 and A4 are son and daughter of A2. While so, A2 compelled the deceased to transfer her house in the name of A2. On 24.08.2014, P.W.1 Karuppasamy, who is the son of the deceased, went to Madurai. On the same day, at 14.00 hours, all the accused persons went to the house of the deceased and called her informing that they will take her to the hospital, for which, P.W.2 and her daughter prevented the accused persons. All the accused persons, with a common intention to murder the deceased took the victim and confined her in the house of A2 and asked her to transfer her house in favour of them and the same was refused by the deceased, for
which, A3 instigated the other accused to murder the victim. While A2 caught hold of the deceased, A1 kicked the deceased on her chest and assaulted her with a stick on various parts of her body by saying that the deceased is moon struck and caused injuries. Further, A1 laid down the deceased on the floor by saying that he was going to chase the ghost and fired the camphor on her forehead and caused burn injury. On the next day, P.W.1, after returning from Madurai, admitted the deceased in Tirunelveli Medical College Hospital and after treatment, took her to Veeranam. Thereafter, on 13.09.2014, due to the fractures and injuries sustained, she died. Thereby, the accused persons committed the offences under Sections 120(b), 342, 302 IPC r/w 34 IPC.
4. Heard the learned counsel for the petitioner and the learned Government Advocate appearing on behalf of the respondent.
5. The learned counsel for the petitioner/A4 would submit that the overtact that was attributed against the petitioner (A4) is similar to the overtact attributed against A2 and that A2 filed Crl.M.P(MD) No.1304 of 2024 in Crl.A(MD) No.97 of 2024, this Court by an order dated 01.08.2024, suspended the sentence and enlarged the A2 on bail.
6. In the case in hand, the overtact has been attributed as against the A1 and A3, whereas A2 and A4, are said to have caught hold of the deceased.
7. Considering the fact that this Court has granted suspension of sentence to A2 and the petitioner must also be dealt with by applying the same yardstick and there are some points for argument in this appeal and it will take some more time for
this Court to hear the appeal on merits and also considering the fact that the petitioner is inside the jail from August 2023, this Court is inclined to grant suspension of sentence by suspending the sentence imposed on the petitioner. Accordingly, this petition is allowed subject to the following conditions: i. The petitioner is directed to be enlarged on bail on executing a bond for Rs.25,000/- (Rupees twenty five thousand only), with two sureties, of whom, one should be a blood related surety, each for a like sum to the satisfaction of the learned Additional District and Sessions Judge (FAC), Tenkasi, Tenkasi District. ii. The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Committal Court may obtain a copy of their Aadhar card or Bank passbook to ensure their identity.
iii. The petitioner shall appear before the Trial Court once in a month i.e., on the first working day of every English Calendar month at 10.30 a.m., until further orders.
(N.ANAND VENKATESH J.) (K.K.RAMAKRISHNAN J.) 24.06.2026 Indu
To 1.The learned Additional District and Sessions Judge (FAC), Tenkasi, Tenkasi District.
2.The Inspector of Police, Uthumalai Police Station, Surandai Circle (Incharge), V.K.Pudur Police Station, Tenkasi District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.