Sudalaimuthu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21-01-2025

CORAM

THE HONOURABLE MR JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CRL MP(MD) NO. 6755 of 2024 in CRL A(MD) No.343 of 2024 Sudalaimuthu S/o.Pitchaikannu, No.2/219, Ambedkar Nagar, Therkupappankulam, Tirunelveli District.

Petitioner(s) Vs The Inspector of Police Kallidaikurichi Police station, Tirunelveli district. Crime No. 380/2021 Respondent(s) For Petitioner(s):

M/s.Prabhu.K For Respondent(s):

M/s.E.Antony Sahaya Prabaharan, Additional Public Prosecutor

ORDER

(Order of the Court was made by the Hon'ble G.r.swaminathan J.) Heard both sides.

2. The petitioner figured as A3 in S.C.No.163 of 2022 on the file of the III Additional District and Sessions Judge, Tirunelveli. He was found guilty for the 1/4

offence under Section 302 r/w 109 of IPC and sentenced to Life Imprisonment. The petitioner is in incarceration since 19.02.2024.

3. We are satisfied that the petitioner has arguable case on merits in the main appeal. Since the appeal is not likely to be taken up in the near future, we are inclined to grant suspension of sentence.

4. Accordingly, this Criminal Miscellaneous Petition is ordered and the imprisonment ordered by the trial Court through the impugned judgment, dated 19.02.2024 is suspended subject to the following conditions:- i. The petitioner / A3 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 relative, each for a like sum to the satisfaction of the learned III Additional District and Sessions Court, Tirunelveli District. ii. The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Court may obtain a copy of their Aadhar card or Bank passbook to ensure their identity.

iii. The petitioner shall report before the learned III Additional District and Sessions Court, Tirunelveli District, in the first working day of every English calendar month at 10.30 a.m., until further orders and if he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 2/4

317 Cr.P.C. and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court. sd/- 21/01/2025 / TRUE COPY / 22 / 01 /2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

RMI TO 1 THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, TIRUNELVELI DISTRICT.

2 THE INSPECTOR OF POLICE KALLIDAIKURICHI POLICE STATION, TIRUNELVELI DISTRICT.

3 THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI.

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

+1 CC to M/s.K.PRABHU, Advocate ( SR-574[I] dated 21/01/2025 )

ORDER

IN CRL MP(MD) NO. 6755 of 2024 in CRL A(MD) No.343 of 2024 Date :21/01/2025 3/4

PSP/ /SAR /22.01.2025/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4