Anbunithi Vs The State of Tamilnadu

The suspension of sentence is filed, in respect of A1 and A2 in S.C.No.50 of 2018 as sought in the miscellaneous petition pending the disposal of their appeal.

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2.The learned counsel appearing for the petitioners submitted that in view of the love affair between the daughter of A4-Anbalagan with one Karuppasamy, disput between two families arose suspecting that the deceased Soundarapandian and his family members have suporting the said love affair. Fight between two groups eructed on 11.01.2017 at about 09.00 p.m., in which, Soundarapandian, S/o.Ponraj, sustained stab injuries and died.

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3.The Trial Court held that all the accused are guilty for causing murder, since the prosecution has failed to explain the injury sustained by A4-Alagappan and the evidence of other witnesses that ther was commotion at the time of occurrence. The members of two groups fought with each other and exchanged the injuries. Based on the evidence attributed against A1, caused fatal injury on Soundarapandian as well as the evidence of P.W.1 and P.W.2 were sustained injury implicating A1 and A2 and another, the Trial Court has convicted all the accused viz., A1 to A5. However, while https://www.mhc.tn.gov.in/judis

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considering the application for suspension of sentence by this Court, the application was not pressed for A1 and A2 and the remaining accused persons were granted suspension of sentence on 24.07.2024 on certain conditions.

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4.The learned counsel appearing for the petitioners would submit that since the petitioners are in prison for nearly two years and the bail not likely tobe taken up immediate view, seeks for suspension of sentence on parity with other accused persons.

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5.Taking note of the fact that there is some material to consider the grounds of appeal, which indicates that there was free for all fight between two groups and the members of the assailant groups also had sustained injuries and the identity of the assailant was caused fatal injury of the deceased Soundarapandian is doubted in the appeal. 6.Considering the facts and circumstances of the appeal, the application for suspension of sentence is allowed and the substantive sentence of imprisonment alone imposed on the petitioners is suspended, subject to the following conditions:

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(i)The petitioners are directed to be enlarged on bail on executing a band for a sun of Rs.25,000/-(Rupees Twenty Five Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Additional District and Sessions Judge(Fast Track Court), Kumbakonam.

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

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(ii)The sureties shall affix their photographs and Let Thumb Impression in the surety bond and the Committal Court may obtain a copy of their Aadhar card or Bank Passbook to ensure their identity. (iii)The petitioners shall report before the trial Court on the first working day of every English Calender month at 10.30 a.m., until further orders. It is made clear that the petitioners shall not enter the jurisdictional limits of the respondent police station until further orders.

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sd/04/03/2025

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/ TRUE COPY /

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04/03/2025 Sub-Assistant Registrar ( Madurai Bench of Madras High Court, Madurai - 625 023.

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Ns TO

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1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE (FAST TRACK COURT), KUMBAKONAM.