Senthil @ Senthil Eswaran v. The State Of Tamil Nadu, Rep. By Its The Deputy Superintendent Of Police,
CRL MP(MD) Nos.9877, 9891 and 9889 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 MP(MD) Nos.9877, 9891 and 9889 of 2026 in Crl.A(MD) Nos.568, 555 and 558 of 2026 CRL MP(MD) No.9877 of 2026 Senthil @ Senthil Eswaran Petitioner in Crl.M.P(MD) No.9877 of 2026 Kesavan 1st petitioner in Crl.M.P(MD) No.9891 of 2026 Tamilarasan 2nd Petitioner in Crl.M.P(MD) No.9891 of 2026 Aravind Kumar @ Aravind Petitioner in Crl.M.P(MD) No.9889 of 2026 Vs 1.State of Tamilnadu, Represented by the Deputy Superintendent of Police, Karur Town Sub Division, Karur District.
...1st Respondent in all the petitions 2.The Inspector of Police, Karur Town Police Station, Karur.
(Crime No.1031 of 2020) ...2nd respondent in Crl.M.P(MD) Nos.
9891 and 9889of 2026 3.Sasmitha ... 2nd Respondent in Crl.M.P(MD) No.
9877 of 2026 and 3rd respondent in Crl.M.P(MD) No.9891 and 9889 of 2026
For Petitioners:
Mr.T.Antony Arulraj in Crl.M.P(MD) No.9877 of 2026 Mr.K.Navaneetha Raja for Mr.S.Srikanth in Crl.M.P(MD) No.9891 of 2026 Dr.R.Alagumani in Crl.M.P(MD) No.9889 of 2026 For Respondents:
Mr.G.Karuppasamy Pandiyan Counsel for State of TN (Crl.Side) COMMON PRAYER:
To suspend the sentence imposed upon the petitioners in Sessions Case No.17/2021 on the file of the learned District and Sessions Judge, Karur, dated 18.04.2026 pending disposal of the main criminal appeals. COMMON ORDER (Order of the Court was made by the Hon'ble N.Anand Venkatesh J.) These petitions have been filed seeking to suspend the sentence imposed on the petitioners by the learned District and Sessions Judge, Karur, passed in S.C.No. 17 of 2021, dated 18.04.2026 and to enlarge the petitioners on bail.
2. The case of the prosecution is that on 17.09.2020 at about 8.45 PM, there was a dispute between the deceased Krishnamurthy and A1 to A4, as a result of which, the deceased is said to have assaulted A1 and caused injuries on his forehead. Pursuant to this incident, the accused persons, numbering 12, are said to have entered into a criminal conspiracy to do away with the deceased. On 18.09.2020 at about 9.00 a.m., when the deceased was standing near a tender coconut shop with his wife, he is said to have been attacked indiscriminately by A1, A2 and A4, and all the other accused persons were also present at the scene of crime and they had come along
with A1, A2 and A4. Pursuant to this incident, an FIR came to be registered in Crime No.1031 of 2020 and on completion of investigation, a Police report came to be filed before the Special Court against 12 accused persons for the offences under Sections 120(b), 109, 114, 34, 302, 294(b), 506(i)(ii) and 212 of IPC and Section 3(2)(v) of the SC/ST (PoA) Amendment Act, 2015. Out of the 12 accused persons, the case was split up insofar as A3 is concerned in Spl.S.C.No.11 of 2023.
3. The Trial Court, on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence, came to the conclusion that the prosecution has proved the case beyond reasonable doubts and hence, convicted and sentenced the petitioners in the following manner: Accused Rank Section of law Sentence of imprisonment Fine amount A6, A7, A8 and A10 302 r/w.120(b) of IPC Life Imprisonment Rs.37,500/- i/d. To undergo 4 years Simple Imprisonment A6, A7, A8 and A10 Section 3(2)(v) of SC/ST Act Life imprisonment Rs.37,500/- i/d. To undergo 4 years Simple Imprisonment A7, A8 and A10 120(b) of IPC Life imprisonment Rs.37,500/- i/d. To undergo 4 years Simple Imprisonment
4. The above sentences were ordered to run concurrently. Aggrieved by the above judgment, the Criminal Appeal has been filed before this Court along with
these petitions.
5. Heard the learned counsel for the petitioners and the learned Government Advocate appearing on behalf of the respondent.
6. The main ground that was urged on the side of the petitioners is that all these petitioners are roped in as accused only for the offence of conspiracy and for this purpose, the prosecution has relied upon the evidence of PW10, who is said to have overheard the accused persons conspiring among themselves. It is further submitted that specific overtact has been attributed only as against A1 and A4 and the actual dispute is only between the A1 and the deceased.
7. Per contra, the learned Counsel for State of TN appearing on behalf of the respondent, based on the counter affidavit filed, submitted that eventhough the specific overtact has been attributed against A1 and A4, all the other accused persons came along with A1 to A4 and pursuant to the criminal conspiracy, the entire incident had taken place. The learned counsel submitted that the case is proved by the eyewitness account.
8. The learned Counsel for State of TN, on instructions, submitted that there are no previous cases against the petitioners.
9. Taking into consideration the facts and circumstances of the case and considering the issue that has been raised in the present criminal appeals, this Court finds that there are arguable points in these appeals and also taking into
consideration the fact that the petitioners are suffering incarceration from April 2026 and there are no previous cases against the petitioners and that it will take some more time for this Court to take up the criminal appeals for final hearing, this Court is inclined to suspend the sentence imposed on the petitioners and accordingly, these Criminal Miscellaneous Petitions are allowed, subject to the following conditions: i. The petitioners are directed to be enlarged on bail on executing a bond for Rs.10,000/- (Rupees Ten thousand only) each with two sureties, each for a like sum to the satisfaction of the learned District and Sessions Judge, Karur.
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 petitioners shall appear and sign before the trial Court at 10.30 a.m., on the first working day of every English calender month, till the disposal of the Criminal Appeal.
(N.ANAND VENKATESH J.) (K.K.RAMAKRISHNAN J.) 24-06-2026 Indu
To 1.The District and Sessions Court, Karur.
2.The Deputy Superintendent of Police, Karur Town Sub Division, Karur District.
3.The Inspector of Police, Karur Town Police Station, Karur.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.