Govindasamy @ Govindan Vs The State Rep. by the Inspector of Police

Civil Miscellaneous Petitions filed under Section 389 Cr.P.C. [Section 430(1) of BNSS, 2023], to suspend the sentence imposed on the petitioners by judgment dated 05.01.2024 passed in S.C.No.21 of 2016 on the file of the III Additional Sessions Court, Puducherry and enlarge the petitioners on bail, pending disposal of the above criminal appeals.

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For Petitioner in Crl.M.P.No.12550 of 2025 : Mr.C.R.Malarvannan

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For Petitioner in Crl.M.P.No.7571 of 2025 : Mr.B.Balavijayan

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For Respondent in both cases :^{Mr.M.V.Ramachandra Murthy} Public Prosecutor (Puducherry)

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COMMON ORDER

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(Made by N.Sathish Kumar, J.)

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These criminal miscellaneous petitions have been preferred seeking to

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suspend the sentence imposed on the petitioners by judgment dated 05.01.2024 passed in S.C.No.21 of 2016 on the file of the III Additional Sessions Court, Puducherry and enlarge the petitioners on bail, pending disposal of the above criminal appeals.

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https://www.mhc.tn.gov.in/judis

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Crl.M.P.Nos.12550 & 7571 of 2025 in Crl.A.Nos.81 of 2024 & 363 of 2025

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The petitioners, who were the accused in S.C.No.21 of 2016

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before the III Additional Sessions Court, Puducherry, were convicted for the offence under Section 302 r/w 34 IPC and sentenced to undergo life imprisonment and to pay a fine of Rs.10,000/-, in default to undergo six months simple imprisonment, each.

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Challenging the above conviction and sentence, the petitioners

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have filed Crl.A.Nos.81 of 2024 & 363 of 2025 along with the instant miscellaneous petitions seeking suspension of sentence and bail.

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The learned counsel appearing for the petitioners would submit

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that the evidence of the eyewitnesses viz . PWs.1 to 3 relied on by the prosecution is highly unreliable and there are inconsistency in the statements of the prosecution witnesses, however, the trial Court, believing the evidence of the so-called eyewitnesses, has convicted the petitioners. He would further submit that the petitioners are in custody.

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https://www.mhc.tn.gov.in/judis

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Crl.M.P.Nos.12550 & 7571 of 2025 in Crl.A.Nos.81 of 2024 & 363 of 2025

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The learned Additional Public Prosecutor appearing for the

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respondent/police has filed a counter affidavit and opposed for the grant of suspension of sentence and bail to the petitioners.

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6. On considering the rival submissions and perusing the entire

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materials available on record , we are of the view that the petitioners have made out a prima facie case for suspending the sentence.

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The petitioners have raised substantial grounds in the appeal which require detailed appraisal. Moreover, the petitioners are in incarceration. Further, the appeals are not likely to be taken up in the near future. In such view of the matter, this Court is of the view that the petitioners are entitled to the relief of suspension of sentence and bail.

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Accordingly, these criminal miscellaneous petitions are allowed

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and the relief of suspension of sentence and bail is granted to the petitioners on the following conditions:

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https://www.mhc.tn.gov.in/judis

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Crl.M.P.Nos.12550 & 7571 of 2025 in Crl.A.Nos.81 of 2024 & 363 of 2025

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(i) The petitioners shall execute a bond for a sum of Rs.25,000/-, with two sureties, each for a like sum to the satisfaction of the III Additional Sessions Court, Puducherry;

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(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 pass Book to ensure their identity; and

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(iii) The petitioners shall appear before the respondent/police on every Monday at 10.30 a.m. until the disposal of the appeal and if they are not able to appear before the trial Court on any day, they shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the trial Court on any other day in lieu of the date of their absence, as directed by the trial Court.

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(iv) On breach of any of the aforesaid conditions, the learned Sessions Judge is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released

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https://www.mhc.tn.gov.in/judis

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Crl.M.P.Nos.12550 & 7571 of 2025 in Crl.A.Nos.81 of 2024 & 363 of 2025

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on bail by the learned Sessions Judge himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] .

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(N.S.K., J.) (M.J.R., J.) 18.11.2025

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nsd