S.Murugan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29-07-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R. POORNIMA IN CRL A(MD) NO. 408 OF 2025 S.Murugan S/o Sudalaikannu, Manimegalai Street, Soorakudi, Nanguneri Taluk, Tirunelveli District. Now confined at Central Prison, Palayamkottai.
Petitioner(s) Vs The State of Tamil Nadu Rep by The Inspector of Police, Nanguneri Police station, Tirunelveli District. Crime No. 311/2011 Respondent(s) Prayer:This petition is filed under Section 430(2) BNSS r/w. Section 389(1) Cr.P.C., to enlarge the petitioner on bail by suspending the sentence imposed in judgment made in Sessions Case No.63 of 2013 on the file of the learned IV Additional District and Sessions Judge, Tirunelveli, dated 27.02.2025 and enlarge the petitioner on bail. For Petitioner(s):
V.Muthusamundeeswaran Karantharaja.R For Respondent(s): Mr.B.Nambi Selvan Additional Public Prosecutor 1/7
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 IV Additional Sessions Court, Tirunelveli, vide Judgment dated 27.02.2025 in S.C.No.63 of 2013, he has filed this criminal miscellaneous petition.
2. The petitioner stands convicted and sentenced as under: Section of Law Sentence of imprisonme nt Fine amount To undergo life imprisonme nt Rs.1000/- i/d to under go six months simple imprisonment 302 I.P.C.
3. The case of the prosecution is that the de-facto complainant viz., Sankarganesh, who is residing at Kadamboduvalvu Village, with his family and all the accused are the resident of Soorankudi Village, which is an adjacent village of Kadamboduvalvu Village. On 27.09.2011, there was a temple festival conducted by Soorankudi Villages in the eve of Thasara. For which, the nearby villages were also participated in the above said temple festival. During the festival, there was a wordy altercation between one Sundarapandi and the fourth accused, with regard to fire pit walking ceremony. Hence, the village 2/7
elders have pacified the issue between the parties. In the meanwhile, there was an attack occurred by Kadamboduvalvu Villagers and out of the said attack, the appellant as well as the other accused sustained injuries. Based on which, a complaint has been given and a case has been registered in Crime No.310 of 2011. Out of the enmity in the said occurrence, when the appellant as well as the other accused came near Pooludaiyar Street, Soorankudi, where they have been waylaid by the accused persons and abused them in filthy language and attacked them with deadly weapons. Due to which, a case has been registered in Crime No.311 of 2011.
4.The learned counsel appearing for the petitioner would submit that the trial Court had failed to take into consideration that it is a case and case in counter. It is an admitted case of P.W.15/Investigating Officer that the so called victims are the residents of Kadamboduvalvu Village and that even as per P.W.15, 19 persons belonging to the so called victim's side have entered into the village during the wee hours at 01.15 a.m., and they have committed criminal trespass into the house of the second accused viz., Sudalaikannu and they have assaulted him indiscriminately with sickle and wooden-log. It has been reported in Ex.P.17/inquest report and A1 to A4, who had sustained injuries and they have admitted to Nanguneri Government Hospital at the early 3/7
hours on 28.09.2011. The learned counsel further submitted that it is also categorically admitted by the Investigating Officer/P.W.15 that the residents of Kadamboduvalvu village are aggressors in this case and there is no intention on the part of the petitioner to commit the offence. The learned counsel further submitted that the deceased, who said to have been admitted in the hospital on 28.09.2011 has passed away on 05.10.2011. The petitioner is a resident of Soorangudi Village and he do not have any bad antecedents. Hence, he prayed for suspension of sentence.
5.Per contra, the learned Additional Public Prosecutor appearing for the respondent - Police, has filed a detailed counter and stated that the trial Court rightly finding that the incidents are separate incident had conducted two different trial and there is no procedural irregularities in the case. The infirmities pointed out by the petitioner does not affect the case of the prosecution in any manner and thereby he would vehemently oppose for grant of bail 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 do not propose to delve deep into the evidence at this stage. The appeal is of the year 4/7
2023 and the petitioner is in prison for more than two years. Further the likelihood of the appeal being taken up for final hearing in the near future is also not possible. Having gone through the records and perused the materials available on record including the deposition, more particularly, the deposition of P.W.15/Investigating Officer, we are of the opinion that it is a fit case for grant of 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, each for a like sum to the satisfaction of the learned IV Additional District and Sessions Judge, Tirunelveli 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 petitioner shall stay at Chennai and report before the Inspector of Police, Flower Bazaar Police Station, daily at 10.30 a.m., until further orders.
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iv. It is made clear that the petitioner shall not enter into the jurisdictional limits of the respondent Police Station until further orders.
sd/- 29/07/2025 / TRUE COPY / 31/07/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
ns TO 1 THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, TIRUNELVELI. 2 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. 3 THE INSPECTOR OF POLICE, NANGUNERI POLICE STATION, TIRUNELVELI DISTRICT. 4 THE INSPECTOR OF POLICE, FLOWER BAZAAR POLICE STATION,CHENNAI.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL MP(MD) No.4286 of 2025 Date :29/07/2025 6/7
NBF/SAR- /31/07/2025/ 7P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7