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Madras High CourtCRL MP(MD)/9927/2026ordered

Balu v. State Of Tamilnadu Rep By Inspector Of Police, Devakottai Taluk

2026-06-22Honourable Mr Justice N. Anand Venkatesh,Honourable Mr Justice K.K. Ramakrishnan4 pages

CRL MP(MD) NO. 9927 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22-06-2026

CORAM

THE HONOURABLE MR JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR JUSTICE K.K.RAMAKRISHNAN Crl.M.P(MD) No.9927 of 2026 in Crl.A(MD) No.583 of 2026 Balu Petitioner Vs State of Tamilnadu, Represented by the Inspector of Police, Devakkottai Taluk Police Station, Sivagangai District.

Crime No.59 of 2022.

Respondent For Petitioner:

Mr.K.Sivabalan For Respondent(s):

Mr.C.Christopher, Government Advocate.

Prayer:

To Suspend the sentence imposed on the petitioner by the learned Principal District and Sessions Judge, Sivagangai, in S.C.No.127 of 2023 by the judgment dated 27.03.2026 and enlarge the petitioner on bail pending disposal of the appeal.

ORDER

(Order of the Court was made by the Hon'ble N.Anand Venkatesh J.) This petition has been filed seeking suspension of the sentence of imprisonment imposed on the petitioner by the learned Principal District and Sessions Judge, Sivagangai, in S.C.No.127 of 2023, by judgment dated 27.03.2026, and to enlarge the petitioner on bail.

2. The case of the prosecution is that the appellant was married to PW2 and there were regular quarrels, as a result of which PW2 was residing in her parents' house. The petitioner is said to have gone to the house of the deceased and was asking his wife to return. On 08.04.2022, when the petitioner went to the house of the deceased, there was a wordy quarrel and on the next day, i.e., 09.04.2022, once again, the petitioner went to the house of the deceased and at that point of time, there was a quarrel and the petitioner is said to have attacked the deceased with a knife, resulting in the deceased sustaining fatal injuries. He succumbed to the injuries and it is under these circumstances that an FIR came to be registered in Crime No.59 of 2022.

3. The Trial Court, on considering the facts and circumstances of the case and on appreciation of the oral and documentary evidence, came to the conclusion that the prosecution had proved the case beyond reasonable doubt against the petitioner and accordingly convicted and sentenced the petitioner in the following manner: Provision under which Sentence convicted Sec.294(b) of IPC One month Simple Imprisonment Section 307 of IPC (2 counts) 10 years Rigorous Imprisonment and to pay a fine of Rs.1,000/-, in default to undergo 3 months Simple Imprisonment Section 302 of IPC Life Imprisonment and to pay a fine of Rs.

1,000/-, in default to undergo 6 months Simple Imprisonment.

4. The above sentences were ordered to run concurrently. Aggrieved by the same, an appeal has been filed along with this petition.

5. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondent.

6. Taking into consideration the facts and circumstances of the case and the manner in which the incident had taken place pursuant to the repeated quarrels between the parties, it has to be seen as to whether, even if the case of the prosecution is taken as it is, the case can be brought within the scope of one of the exceptions to Section 300 of IPC. This Court also takes note of the fact that there are arguable points in the appeal and that there is no previous case against the petitioner except one traffic offence and that it will take some more time for this Court to hear the case on merits. Hence, this Court is inclined to grant suspension of sentence by suspending the sentence imposed on the petitioner. Accordingly, this petition is allowed 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 Principal District and Sessions Judge, Sivagangai.

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 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.) 22-06-2026 Indu To 1.The learned Principal District and Sessions Judge, Sivagangai. 2.The Inspector of Police, Devakkottai Taluk Police Station Sivagangai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.