Vadivel v. The State Of Tami Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21-04-2025

CORAM

THE HONOURABLE DR JUSTICE G. JAYACHANDRAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CRL MP(MD) NOs. 3466, 3546 & 3592 of 2025 in CRL.A(MD)Nos. 328, 333 & 339 of 2025 Vadivel S/o Kasi Petitioner/A-4 in T.Chinnaraja S/o.Thiruvazhi Periyakuppan Petitioner/A-3 in Crl.M.P(MD)No.3546 of 2025 S. Karthik S/o. Shanmugam Petitioner/A-4 in Crl.M.P(MD)No.3592 of 2025 Vs The State of Tami Nadu Rep by The Inspector of Police, K.Pudhupatti Police station, Melarathaveethi, Viralimalai, Pudukkottai, Tamil Nadu. Crime No. 27/2013 Respondent in all the Petitions 1/5

In all the Petitions :

For Petitioners :

Mr.M. Jegadeesh Pandian, for M/s.Purusothaman For Respondent:

Public Prosecutor COMMON ORDER These Petitions are filed by the petitioners herein to suspend the sentence and grant bail to the petitioners/Accused Nos.2 to 4 in S.C.No. 61 of 2014 on the file of the Additional District and Sessions Court, Pudukottai District.

2. There were a total of nine accused persons who were charged for offences under Sections 120B, 341, 302, 302 read with 34, and 302 read with 109 of the IPC. Subsequently, the charges against A-2 to A-4 were altered to offences under Section 302 read with 201 of the IPC. While A-1 was convicted and sentenced to life imprisonment, the petitioners herein/A-2 to A-4, who are the appellants in CRL.A (MD) Nos. 328, 333, and 339 of 2025, were each sentenced to undergo three years of rigorous imprisonment along with a fine of Rs. 500/-, and in default of payment, an additional sentence of three months of simple imprisonment.

3. The period of sentence was suspended for 30 days by the Trial Court itself when the judgment was delivered on 12.02.2025. Though the petitioners preferred the aforesaid appeals well within the 30-day period, the appeals were taken 2/5

up for admission at a later date. Consequently, the petitioners surrendered on 27.03.2025. When the present petitions for suspension of sentence were taken up for consideration, the learned Additional Public Prosecutor was put on notice to file a counter.

4. A detailed counter has been filed, stating that the petitioners, after obtaining suspension of sentence, failed to get their appeals admitted and did not surrender upon the expiry of the 30-day suspension period. They surrendered only on 27.03.2025. Therefore, their conduct raises serious doubts about their willingness to cooperate in ensuring that the appeal is heard and disposed of without any hindrance.

5. This Court, after taking note of the fact that the petitioners were granted suspension of sentence by the Trial Court itself, observes that the petitioners preferred the criminal appeals on 07.03.2025, five days before the expiry of the 30-day suspension period.

6. Taking note of the fact that the petitioners have cooperated during the trial without causing any disturbance, the sentence is hereby suspended, and the petitioners are ordered to be released on bail until the disposal of the appeal, subject to the following conditions:

(i) The petitioners are directed to be enlarged on bail on 3/5

executing a bond for a sum of Rs.50,000/- [Rupees Fifty Thousand only]each, with two sureties each for a like sum to the satisfaction of the Learned Additional District and Sessions Judge, Pudukottai District.

(ii) The petitioners shall report before the trial Court on the 1st working day of every English Calendar month at 10.30 a.m., until further orders.

sd/- 21/04/2025 / TRUE COPY / 22/04/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

KSA TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, PUDUKKOTTAI DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

3 THE INSPECTOR OF POLICE, K.PUDHUPATTI POLICE STATION, MELARATHAVEETHI, VIRALIMALAI, PUDUKKOTTAI, TAMIL NADU.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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+1 CC to M/s.R.SARAVANA KUMAR, Advocate ( SR-4435[I] dated 21/04/2025 )

ORDER

IN CRL MP(MD) NOs. 3466, 3546 & 3592 of 2025 in CRL.A(MD)Nos. 328, 333 & 339 of 2025 Date :21/04/2025 SA/SAR. /22.04.2025/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5