Madras High CourtCRL MP(MD)/12956/2025ordered

R.Thirumoorthy v. The State Of Tamil Nadu

2025-09-22Honourable Mr.Justice Shamim Ahmed8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED CRL.M.P(MD)No.12956 of 2025 in CRL.R.C.(MD)No.805 of 2025 1.R.Thirumoorthy, S/o.Ramuthevar, Tharaikudi, Kamuthi Taluk, Ramanathapuram District.

2.R.Lakshmanan, S/o.Ramuthevar, Tharaikudi, Kamuthi Taluk, Ramanathapuram District.

3.R.Dhamodharan, S/o.Ramuthevar, Tharaikudi, Kamuthi Taluk, Ramanathapuram District.

4.P.Chithiraisamy, S/o.Periyamarimuthu, Tharaikudi, Kamuthi Taluk, Ramanathapuram District.

5.M.Boomi, S/o.Marimuthu, Nandhakulam, Kamuthi Taluk, Ramanathapuram District.

Petitioners Vs 1/8

The State of Tamil Nadu Rep by The Inspector of Police, Kamuthi Police Station, Ramanathapuram District.

(Crime No. 132/2014) Respondent(s) Prayer: Criminal Miscellaneous Petition is filed under Section 528 of BNSS, 2023, to relax the condition imposed in Crl.M.P.(MD)No.8565 of 2025 in Crl.R.C.(MD)No.805 of 2025 dated 28.07.2025, pending disposal of the Criminal Revision Petition.

For Petitioners : Mr.M.Jegadeesh Pandian For Respondent :Mr.M.Karunanithi, Government Advocate (Crl.side) *****

ORDER

This Criminal Miscellaneous Petition is filed to relax the condition imposed on the petitioner in Crl.M.P.(MD)No.8565 of 2025 in Crl.R.C.(MD)No.805 of 2025, dated 28.07.2025. 2.Heard Mr.M.Jegadeesh Pandian, learned Counsel for the petitioners and Mr.M.Karunanithi, learned Government Advocate (Crl.side) for the respondent.

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3.The short facts of the case, which are necessary for disposal of the present Criminal Miscellaneous Petition, are as follows:- a)On 22.05.2015, due to political rivalry, the accused persons have attacked P.W.2 and P.W.3 with sword and knives and caused grievous injuries. Hence, an FIR came to be registered in Crime No.132 of 2014 by the respondent Police. The respondent Police, after completing the investigation, has filed a final report against the accused under Sections 147, 148, 341, 294(b), 326, 307 r/w 120(B), 109, 114 and 149 of IPC and the case was taken on file in S.C.No.313 of 2022 by the Assistant Sessions Judge (Sub Court), Muthukulathur, Ramanathapuram District. b)The learned trial Judge, upon considering the evidence both oral and documentary and on hearing the arguments of both the sides, has passed a judgment dated 23.04.

2024 convicting the petitioners/accused Nos.4, 5, 6, 8 and 9 for the offences under Section 148 of IPC and sentenced them to undergo 6 months rigorous imprisonment and for the offence under Section 307 r/w 149 of IPC and sentenced them to undergo 3 years rigorous imprisonment and to pay a fine of Rs.1000/-, in default, to undergo 2 months of simple imprisonment.

Crl.A.No.39 of 2024 on the file of the Principal District and Sessions Judge, Ramanathapuram. The learned Principal District and Sessions Judge, Ramanathapuram has modified the judgment to the extent that sentence for the offence under Section 307 r/w 149 was enhanced to 7 years of rigorous imprisonment instead of 3 years of rigorous imprisonment. Aggrieved by the same, the petitioners have preferred the present Criminal Revision Case.

4.The Co-ordinate Bench of this Court, while admitting the Criminal Revision Case, vide order, dated 28.07.2025, had ordered suspension of sentence in Crl.M.P.(MD)No.8565 of 2025 in Crl.R.C. (MD)No.805 of 2025, with the following directions:- "11.In the result, this Criminal Miscellaneous Petition is ordered. Accordingly, the relief of suspension of sentence is granted to the petitioners on the following conditions:- (i)the petitioners are directed to be enlarged on bail on him executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Assistant Sessions Judge (Sub Court), Muthukulathur, Ramanathapuram District;

(ii)The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may 4/8

obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; and (iii)the petitioners shall appear before the trial Court at 10.30 a.m. on all working days until further orders 5.Today, when the matter is being taken up, Mr.M.Jegadeesh Pandian, learned Counsel for the petitioners submits that the petitioners have been complying with the conditions imposed in Crl.M.P.(MD)No. 8565 of 2025 in Crl.R.C.(MD)No.805 of 2025, dated 28.07.2025, without fail. It was further submitted that due to the aforesaid condition, the petitioners are not able to attend their regular work. Thus, the learned Counsel for the petitioners prays this Court that the condition No.(iii) of the order dated 28.07.2025 passed in Crl.M.P.(MD)No.8565 of 2025 in Crl.R.C.(MD)No.805 of 2025 imposed on the petitioners may be relaxed and the petitioners may be directed to appear before the trial Court once in a month.

6.Mr.M.Karunanithi, learned Government Advocate (Crl.side), appearing for the respondent fairly submits that the petitioners have been complying with the conditions imposed in Crl.M.P.(MD)No.8565 of 5/8

2025 in Crl.R.C.(MD) No.805 of 2025, dated 28.07.2025 regularly. However, he submits that the conditions imposed in Crl.M.P.(MD)No. 8565 of 2025 in Crl.R.C.(MD)No.805 of 2025, dated 28.07.2025, are justified and made objection for relaxing the condition No.(iii) of the order, dated 28.07.2025.

7.Accordingly, after considering the arguments as advanced by the learned Counsel for the parties and after perusal of the order passed by the Co-ordinate Bench of this Court in Crl.M.P.(MD)No.8565 of 2025 in Crl.R.C.(MD)No.805 of 2025, dated 28.07.2025 and after perusal of the affidavit filed by the petitioners in support of the prayer made for relaxation of condition No.(iii) of the order, dated 28.07.2025, this Court is inclined to relax the condition No.(iii) of the order, dated 28.07.2025, passed in Crl.M.P.(MD)No.8565 of 2025 in Crl.R.C.(MD) No.805 of 2025, as follows:- "The petitioners shall appear before the trial Court, once in a month with effect from October, 2025, ie., on the first working day of Every English Calendar month at 10.30 a.m., until further orders."

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Rest of the conditions imposed in Crl.M.P.(MD)No.8565 of 2025 in Crl.R.C.(MD)No.805 of 2025, dated 28.07.2025, are unaltered. 8.With the above modification, this Criminal Miscellaneous Petition is finally disposed of.

22.09.2025 cmr (3/3) To 1.The Principal District and Sessions Judge, Ramanathapuram. 2.The Assistant Sessions Judge (Sub Court), Muthukulathur, Ramanathapuram District.

3.The Inspector of Police, Kamuthi Police Station, Ramanathapuram District.

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SHAMIM AHMED, J.

cmr in CRL.R.C.(MD)No.805 of 2025 22.09.2025 (3/3) 8/8