CRL MP(MD) NO. 12438 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13-07-2026 CORAM THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R. POORNIMA Crl.M.P(MD) No.12438 of 2026 in Crl.A(MD) No.732 of 2026 Ajith Petitioner Vs 1.State of Tamilnadu, Represented by the Inspector of Police, Karur Town Police Station Karur District. (Crime No. 1031 of 2020) 2.Sasmitha Respondents For Petitioner(s): Mr.R.Rajeshkumar For Respondent(s): Mr.C.Christopher Counsel for State of TN (Crl.Side) for R1 Prayer: C-60. To suspend the sentence passed in S.C.No. 17 of 2021 dated 18.04.2026 on the file of the District and Sessions Judge,Karur and enlarge me on bail pending disposal of the Criminal Appeal. https://www.mhc.tn.gov.in/judis ORDER (Order of the Court was made by the Hon'ble A.D.Jagadish Chandira J.) This petition has been filed seeking to suspend the sentence imposed on the petitioner (A9) by the learned District and Sessions Judge, Karur, passed in S.C.No. 17 of 2021, dated 18.04.2026 and to enlarge the petitioner on bail. 2. The case of the prosecution is that on 17.09.2020 at about 8.45 PM, there was a dispute between the deceased Krishnamurthy and A1 to A4. As a result of which, the deceased is said to have assaulted A1 and caused injuries on his forehead. Pursuant to this incident, the accused persons, numbering 12, are said to have entered into a criminal conspiracy to do away with the deceased. On 18.09.2020 at about 9.00 a.m., when the deceased was standing near a tender coconut shop with his wife, he is said to have been attacked indiscriminately by all the accused persons, who were also present at the scene of crime alongside A1, A2 and A4. Pursuant to this incident, an FIR came to be registered in Crime No.1031 of 2020 and on completion of the investigation, a Police report came to be filed before the Trial Court against the said 12 accused persons for the offences under Sections 120(b), 109, 114, 34, 302, 294(b), 506(i)(ii) and 212 of IPC and Section 3(2)(v) of the SC/ST (PoA) Amendment Act, 2015. Out of the 12 accused persons, the case was split up insofar as A3 is concerned in Spl.S.C.No.11 of 2023. 3. 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 https://www.mhc.tn.gov.in/judis prosecution has proved the case beyond reasonable doubts and hence, convicted and sentenced the petitioner in the following manner: Section of law Sentence of imprisonment Fine amount 302 r/w.120(b) of IPC Life Imprisonment Rs.37,500/- i/d. to undergo 4 years Simple Imprisonment Section 3(2)(v) of SC/ST Act Life imprisonment Rs.37,500/- i/d. to undergo 4 years Simple Imprisonment Section 120(b) of IPC Life Imprisonment Rs.37,500/- i/d. to undergo 4 years Simple Imprisonment 4. The above sentences were ordered to run concurrently. Aggrieved by the above judgment, the Criminal Appeal has been filed before this Court along with this petition. 5. Heard the learned counsel for the petitioner and the learned Government Advocate appearing on behalf of the respondent. 6. The main ground that was urged on the side of the petitioner is that the petitioner is roped in as accused only for the offence of conspiracy and for this purpose, the prosecution has relied upon the evidence of PW10, who is said to have overheard the accused persons conspiring among themselves. It is further submitted that specific overtact has been attributed only as against A1 and A4 and the actual dispute is only between A1 and the deceased. He further submitted that the co- accused were granted suspension of sentence by this Court in Crl.M.P(MD) Nos. 9877, 9891 and 9889 of 2026 in Crl.A(MD) Nos.568, 555 and 558 of 2026 etc batch https://www.mhc.tn.gov.in/judis vide order dated 24.06.2026 7. Per contra, the learned Counsel for State of TN appearing on behalf of the respondent, relied on the counter affidavit filed and submitted that eventhough the specific overtact has been attributed against A1 and A4, all the other accused persons came along with A1 to A4 and pursuant to their criminal conspiracy, the entire incident had taken place. The learned counsel submitted that the case is proved by the eyewitness account. 8. Further, the learned Counsel for State of TN, on instructions, submitted that there are no previous cases against the petitioner. 9. Taking into consideration the facts and circumstances of the case and considering the issue that has been raised in the present criminal appeals, this Court finds that there are several arguable points in the present Criminal Appeal. Taking into consideration the fact that the petitioner is suffering incarceration since April 2026 whilst there being no previous cases against the petitioner and further considering that the co-accused were granted suspension of sentence by this Court in Crl.M.P(MD) Nos.9877, 9891 and 9889 of 2026 in Crl.A(MD) Nos.568, 555 and 558 of 2026, vide order dated 24.06.2026 and that it will take some more time for this Court to take up the criminal appeal for final hearing, this Court is inclined to suspend the sentence imposed on 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 https://www.mhc.tn.gov.in/judis 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 District and Sessions Judge, Karur. 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. (A.D.JAGADISH CHANDIRA J.) (R.POORNIMA J.) 13-07-2026 Indu To 1.The Inspector of Police, Karur Town Police Station Karur District. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. https://www.mhc.tn.gov.in/judis