Thangavel @ Chinnadurai v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.12.2025
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CRL.MP(MD) No. 14302 of 2024 in Crl.A(MD)No.1149 of 2024 Thangavel @ Chinnadurai ..... Petitioner Vs.
State rep. by The Inspector of Police Kallimanthayam Police Station, Dindigul District, In Crime No.132 of 2018.
......Respondent Prayer : Petition filed under Section 430(2) of BNSS to suspend the execution of sentence imposed upon the petitioner by the Additional District Judge / Fast Track Court, Palani, Dindigul District in S.C. No.95 of 2019 dated 18.09.2024 and enlarge the above petitioner on bail till the disposal of the Criminal Appeal.
For Petitioners : Mr.S.Sadeskumar For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor
O R D E R
[Order of the Court was made by G.K.ILANTHIRAIYAN, J.] Seeking to suspend the sentence imposed on the petitioner by the Additional District Judge / Fast Track Court, Palani, Dindigul District, vide Judgment dated 18.09.2024 in S.C.No.95 of 2019, he has filed this Criminal Miscellaneous Petition.
2. The petitioner stands convicted and sentenced as under: Section of Law Sentence of imprisonment Fine amount Rs.10,000/- i/d to undergo six months simple imprisonment 302 IPC Life Imprisonment
3. Heard the learned counsel on either side and perused the materials available on record.
4. Considering the period of incarceration suffered by the petitioner and even according to the case of the prosecution, one Tamilanban PW-2, who received a loan for a sum of Rs.2,00,000/- through the petitioner from Sri Amman Finance, Ottanchatram three years prior to the occurrence. The petitioner demanded to repay the debt from the P.W.2 and the deceased, they have not come forward to repay the same, because of that, the petitioner visited the P.W.2's farm house for asking to repay the debt amount. At that time, the deceased gave a evading reply, because of that, the petitioner infuriated with deceased and threatening them with dire consequences. Due to that, he decided to do away the deceased and on executing the same, on 03.08.2018 at 03.00 p.m.
, he ride his motorcycle and rushed to the occurrence place and attacked the deceased with sickle and thereby deceased succumbed to the injuries. Due to that, heavy hemorrhage, deceased died on the spot and there are several arguable points and further the appeal is of year 2024 and the likelihood of the appeal being taken up for final hearing in the near future is also not possible, hence we are of the opinion that it is a fit case for grant of suspension of sentence to the petitioner.
5.. Accordingly, the Criminal Miscellaneous Petition is allowed and the substantive sentence of imprisonment alone imposed on the petitioner herein is suspended, 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 Additional District Judge/ Fast Track Court, Palani. 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. [G.K.I., J.] & [R.P., J.] 03.12.2025 NCC : Yes / No Index : Yes / No am
Copy to
1. The Additional District Judge.
Fast Track Court, Palani.
2.The Inspector of Police Kallimanthayam Police Station, Dindigul District,
3. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.
G.K.ILANTHIRAIYAN , J.
AND R.POORNIMA, J .
am CRL.MP(MD) No.14302 of 2024 in Crl.A(MD)No.1149 of 2024 03.12.2025