Senthilkumar v. The State Of Tamilnadu

CRL MP(MD) NO. 148 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27-04-2026

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH AND THE HONOURABLE MR JUSTICE K.K. RAMAKRISHNAN CRL MP(MD) No.148 of 2026 in Crl.A(MD) No.9 of 2026 Senthilkumar Petitioner(s) Vs The State of Tamilnadu rep by the Inspector of Police Kallikudi Police Station Madurai.

Crime No.1/2016.

Respondent(s) For Petitioner(s):

Mr.A.Arun Prasad For Respondent(s):

Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor Prayer:

C-60.To Suspend the Sentence imposed in SC No.151/2017 dated 26.03.2021 on the file of the learned IV Addl District and Sessions Court, Madurai, pending disposal of the above said Criminal appeal.

ORDER

(Order of the Court was made by the Hon'ble N.Anand Venkatesh J.) This petition has been filed to suspend the sentence imposed in S.C. No.151/2017, dated 26.03.2021, on the file of the learned IV Additional District and Sessions Court, Madurai, pending disposal of the above said criminal appeal.

2. The case of the prosecution is that the petitioner is the son of the deceased and he had demanded money from his father and that the deceased was refusing to pay him any money. With this previous enmity, on 01.01.2016 at about 4.30 a.m., there was a quarrel between the petitioner and the deceased, at which point of time, the petitioner is said to have attacked his father and had given a blow with M.O.1 and also stabbed him with a bottle. As a result of which, the deceased died on the spot. Based on this incident, PW1, who is the President of the Panchayat, gave a complaint to PW16 and an FIR came to be registered in Crime No.1/2016 for the offence under Section 302 of IPC.

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 has proved the case beyond reasonable doubt and accordingly convicted the petitioner for the offence under Section 302 of IPC and sentenced him to undergo life imprisonment and pay a fine of Rs.5,000/- and, in default, to undergo six months simple imprisonment.

4. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondents.

5. The learned counsel for the petitioner submitted that, except for the extra judicial confession that is said to have been given before the Village Administrative Officer (PW6), none of the other witnesses had seen the petitioner attack the deceased. The learned counsel further submitted that the petitioner also sustained injuries in this case and he was treated by PW14 and these injuries have not been explained by the Investigating Officer. The learned counsel further submitted that even if the case of the

prosecution is taken as it is, the case will fall within Exception 4 of Section 300 of IPC

6. Taking into consideration the grounds raised by the learned counsel for the petitioner and considering the fact that the accused person has suffered sentence from March 2021 onwards and there are no previous cases against the petitioner and it will take some more time for this Court to deal with the appeal on merits. Hence, this Court is inclined to grant suspension of sentence, suspending the sentence imposed against the petitioner and accordingly, this petition is allowed on 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 Court, Madurai. 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.) 27-04-2026 Indu To 1.The Inspector of Police Kallikudi Police Station Madurai.

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