Soudamuthu, Vs State Of Tamilnadu Rep By Inspector Of Police, Vadamadurai

PRAYER :- To suspend the sentence of imprisonment imposed on the petitioners in S.C.No.156 of 2021, dated 29.01.2026 by the learned Principal Sessions Judge, Dindigul and enlarge the petitioners on bail, pending disposal of the above criminal appeal.

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For Petitioners : Mr.S.G.L.Rishwanth

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For Respondent : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

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

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CRL MP(MD). No.5932 of 2026

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ORDER

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[Order of the Court was made by N.ANAND VENKATESH, J.]

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This petition has been filed seeking suspension of sentence of imprisonment imposed on the petitioner by the learned Principal Sessions Judge, Dindigul, in S.C.No.156 of 2021, dated 29.01.2026, to enlarge the petitioners on bail.

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The case of the prosecution is that there was a long-standing enmity between the family of the deceased and the accused persons arising out of a property dispute. On 28.07.2019 at about 8.30 AM, when P.W.1, P.W.2 and the deceased were present near their house, A1 to A4 are said to have restrained them and attacked P.W.2 and the deceased with a knife. A1 stabbed P.W.1 on his abdomen and thereafter A2 also stabbed the deceased. The deceased succumbed to the injuries on the way to the hospital. P.W.2 sustained injuries in this incident. Based on the complaint given by P.W.1, an FIR came to be registered in Crime No.332 of 2019 for the offence under Sections 341, 307 and 302 of IPC. There are totally four accused persons in this case and the present petition has

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been filed by A3 and A4.

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The trial Court, on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence, came to the conclusion that the prosecution has proved the case beyond reasonable doubts and accordingly, convicted and sentenced the petitioners in the following manner:

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*Provision under which* *convicted*	*Sentence*
Sec. 307 r/w. 34 of IPC	Four years Imprisonment and fine of Rs.5,000/-, in default to undergo six months Imprisonment.
Sec. 341 of IPC	One month Simple Imprisonment.
Section 341 r/w. 34 of IPC	One month Simple Imprisonment.
Section 302 r/w. 34 of IPC	Life Imprisonment and fine of Rs. 10,000/-, in default to undergo oneyear imprisonment

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The above sentence was directed to run concurrently.

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In the case in hand, there was a family dispute and insofar as the

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petitioners, who are ranked as A3 and A4, the overt act attributed against them is that they waylaid the deceased and P.W.2. Considering the manner in which the entire incident had taken place due to a property dispute and on taking note of the fact that there are no previous cases against the petitioners and the petitioners have already suffered incarceration from 29.01.2026 and that it will take some more time for this Court to take up the appeal for final hearing, this Court is inclined to grant suspension of sentence, suspending the sentence imposed against the petitioners and accordingly, this petition is allowed on the following conditions:

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i. The petitioners are 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, Dindigul.

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ii. The sureties shall affix their photographs and Left

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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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iii. The petitioners shall appear and sign before the trial