Pasupathi Vs State Of Tamilnadu Rep By Inspector… — Murder and Culpable Homicide | Madras HC (2026)

Pasupathi Vs State Of Tamilnadu Rep By Inspector… — Murder and Culpable Homicide | Madras HC (2026)

What the court decided

AI extract

Outcome

Suspension of the substantive sentence of imprisonment imposed on the petitioner; petitioner to be enlarged on bail on executing a bond for Rs.10,000/- (Rupees Ten thousand only) each with two sureties, each for a like sum, to the satisfaction of the learned Principal Sessions Judge, Sivagangai; sureties to affix photographs and Left Thumb Impression with identity verification via Aadhar card or Bank passbook; petitioner to appear and sign before the respondent police daily twice at 10.30 a.m. and 5.30 p.m. until further orders.

Issue for consideration

Whether the substantive sentence of imprisonment imposed on the petitioner in S.C.No.2 of 2018 should be suspended and the petitioner/appellant enlarged on bail pending disposal of Crl.A(MD)No.1146 of 2025.

Court's answer

Considering the period of incarceration already suffered by the petitioner, the existence of several arguable points, the appeal being of the year 2025, and the unlikelihood of the appeal being taken up for final hearing in the near future, the Court held it is a fit case for grant of suspension of sentence.

Ratio / Principle

The Criminal Miscellaneous Petition is allowed and the substantive sentence of imprisonment alone imposed on the petitioner is suspended, subject to conditions: enlargement on bail on executing a bond for Rs.10,000/- each with two sureties each for a like sum; sureties to affix photographs and Left Thumb Impression with identity verification (Aadhar card or Bank passbook); and the petitioner to appear and sign before the respondent police daily twice at 10.30 a.m. and 5.30 p.m. until further orders.

Detailed headnote1 paragraphs

Suspension of sentence — Petition under Section 430 of BNSS in pending criminal appeal Crl.A(MD)No.1146 of 2025 — Petitioner convicted under Section 302 IPC and sentenced to life imprisonment with fine of Rs.1,000/- (in default one month rigorous imprisonment) by the Principal Sessions Judge, Sivagangai, vide judgment dated 11.06.2024 in S.C.No.2 of 2018 (arising out of Crime No.40 of 2017, Poovanthi Police Station) — Considering the period of incarceration suffered, existence of several arguable points, the appeal being of the year 2025 and the unlikelihood of early final hearing, the Court held it a fit case for suspension of sentence — Substantive sentence of imprisonment alone suspended; petitioner enlarged on bail on executing a bond of Rs.10,000/- with two sureties, subject to conditions including daily appearance before the respondent police twice at 10.30 a.m. and 5.30 p.m. — Petition allowed.

Crl.M.P.(MD) No.15500 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 03.02.2026

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA

CRL.MP(MD) No.15500 of 2025 in Crl.A(MD)No.1146 of 2025

Pasupathi

....... Petitioner

Vs.

The State of Tamil Nadu, The Inspector of Police, Poovanthi Police Station, Sivagangai District, (Crime No.40 of 2017). ...... Respondent

Prayer : Petition filed under Section 430 of BNSS to suspend the sentence in S.C.No.2 of 2018, dated 11.06.2024, on the file of the learned Principal Sessions Judge, Sivagangai and enlarge the petitioner/appellant on bail, pending disposal of the above said criminal appeal.

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Crl.M.P.(MD) No.15500 of 2025

For Petitioners : Mrs.S.Prabha For Respondent : Mr.R.M.Anbunithi 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 learned Principal Sessions Judge, Sivagangai, vide Judgment dated 11.06.2024 in S.C.No.2 of 2018, he has filed this Criminal Miscellaneous Petition.

The petitioners stand convicted and sentenced as under:

Section of Law	Sentence of imprisonment	Fine amoun
		Rs.1,000/- i/d to
302 of IPC	Life Imprisonment	undergo one month rigorous imprisonment

Heard the learned counsel on either side and perused the materials

available on record.

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Crl.M.P.(MD) No.15500 of 2025

Considering the period of incarceration suffered by the

petitioners and that there are several arguable points and further the appeal is of year 2025 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.

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) each with two sureties, each for a like sum to the satisfaction of the learned Principal Sessions Judge, Sivagangai.

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.

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Crl.M.P.(MD) No.15500 of 2025

iii. The petitioners shall appear and sign before the

respondent police daily twice at 10.30 a.m., and 5.30 p.m., untifl

further orders.

[G.K.I., J.] & [R.P., J.] 03.02.2026

NCC : Yes / No Index : Yes / No am

Copy to

1.The Principal Sessions Judge, Sivagangai,

2.The Inspector of Police, Poovanthi Police Station, Sivagangai District,

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

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Crl.M.P.(MD) No.15500 of 2025

G.K.ILANTHIRAIYAN , J. AND R.POORNIMA, J.

am

CRL.MP(MD) No.15500 of 2025 in Crl.A(MD)No.1146 of 2025

03.02.2026

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