Narayanan v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14-08-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MRS JUSTICE L.VICTORIA GOWRI Narayanan S/o.Sadacharam, Periyapettai, Virudhunagar District.
Now Confined at Madurai Central Prison, Madurai.
Petitioner(s) Vs The State of Tamilnadu Rep by The Inspector of Police, Virudhunagar Bazaar Police Station, Virudhunagar District.
Crime No.266/2015. and another Respondent(s) For Petitioner(s):
Sma Jinnah K.Veni S.Shamini Dr.Lakshmi Prasanna Komara For Respondent(s):Mr.S.Ravi Additional Public Prosecutor Prayer:This petition is filed under Section 430(1) BNSS r/w 389(1) Cr.P.C., praying 1/6
to suspend the sentence imposed by the Learned Additional District and Session Court, Virudhunagar in SC No.197/2015 dt.26.10.2022 and enlarge the Appellant on bail pending disposal of the above said Criminal Appeal or pass any further order or order.
ORDER
(Order of the Court was made by the Hon'ble A.D.JAGADISH CHANDIRA J.) Seeking to suspend the sentence imposed on the petitioner by the Learned Additional District and Session Court, Virudhunagar vide Judgment dated 26.10.2022 in SC No.197/2015, he has filed this criminal miscellaneous petition.
2. The petitioner stands convicted and sentenced as under: Section of Law Sentence of imprisonment Fine amount 341 of IPC To undergo one month Simple imprisonment 294(b) I.P.C.
To undergo one month simple imprisonment Rs.5,000/- i/d to undergo 6 months rigorous imprisonment 302 IPC To undergo Imprisonment for life The sentences shall run concurrently 3.The case of the prosecution is that on 29.06.2015 there was a wordy quarrel between the accused and his wife, the deceased Karuppasamy had intervened and 2/6
scolded the accused and thereby the appellant said to have developed grudges against him, when the deceased was returning home on his bicycle at 10.30 p.m., the accused abused the deceased with filthy language and attacked him with chisel on his head and left hand, due to which, he sustained injuries and admitted in the hospital on 29.06.2015 and later he died on 01.07.2015. 4.The learned counsel appearing for the petitioner would submit that there are several arguable points, admittedly the appellant and the deceased are close relatives and they are carpenters by profession. As per the prosecution, the motive is that the deceased who is a relative of the appellant had intervened in the quarrel between the appellant and his wife and that the appellant was said to have developed grudges against him.
On the fateful day, there was a quarrel due to which, the appellant said to have inflicted injuries on the deceased with chisel, due to which, he sustained injuries and admitted in the hospital on 29.06.2015 and later he died on 01.07.2015. He would further submit that even as per the accident register/Ex.P.11, the deceased was under the influence of alcohol and the incident had happened during the wordy altercation and there was no intention or premeditation on the part of the petitioner to commit the offence.
liberty granted to him. The petitioner is in incarceration for more than 1 1⁄2 years and he is ready to abide by any stringent condition imposed by this Court. Hence, he prays for suspension of sentence.
5.The learned Additional Public Prosecutor appearing for the respondents has filed counter affidavit, submitted that the accused had inflicted injuries with the chisel and P.W.1 and P.W.2 are the witnesses to the occurrence and hence, he opposed to grant suspension of sentence to the petitioner. 6.Heard the learned counsel on either side and perused the materials available on record.
7.It is an application of suspension of sentence. We would not propose to delve deep into the evidence at this stage. Having gone through the records and taking into consideration the facts and circumstances of the case, we are of the opinion that it is a fit case for grant of interim suspension of sentence to the petitioner.
8.Accordingly, the criminal miscellaneous petition is allowed and the substantive sentence of imprisonment alone imposed on the petitioner herein is suspended, subject to the following conditions: i. The petitioner is directed to be enlarged on bail on executing a bond for Rs.10,000/- (Rupees Ten Thousand only) with two sureties, 4/6
each for a like sum to the satisfaction of the learned Additional District and Sessions Judge, Virudhunagar.
ii. The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the concerned Court may obtain a copy of their Aadhar card or Bank passbook to ensure their identity. iii. The petitioner shall stay at Dharmapuri and report before the Inspector of Police, Dharmapuri Town Police Station, daily at 10.30 a.m., until further orders.
iv. It is made clear that the petitioner shall not enter into the jurisdictional limits of the respondent Police Station until further orders.
sd/- 14/08/2025 / TRUE COPY / 22/08/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
ns TO 1.The Additional District and Sessions Judge, Virudhunagar. 5/6
2.The Superintendent, Central Prison, Madurai.
3.The Inspector of Police, Virudhunagar Bazaar Police Station, Virudhunagar District.
4.The Inspector of Police, Dharmapuri Town Police Station, Dharmapuri.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL MP(MD) No.3844 of 2025 Date :14/08/2025 SBN/22.08.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6