- Court
- High Court of Madras
- Decided
- 19 August 2026
- Bench
- M. Nirmal Kumar
- Case no.
- CRL MP 15495/2026
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Judgment
O R D E R This Criminal Miscellaneous Petition has been filed seeking suspension of sentence imposed on the petitioner by the judgement dated 24.07.2026 passed in S.C.No.417 of 2022 on the file of the Sessions Court, Mahalir Neethimandran, Allikulam, Chennai pending disposal of the Criminal Appeal.
¶2The conviction and sentence imposed on the petitioner/appellant, vide impugned judgment dated 24.07.2026 is as follows:- Sl. No. Section Imprisonment Fine amount
¶1U/s. 324 of IPC Sentenced
to
Rigorous Imprisonment for 3 years and imposed a fine of Rs.10,000/-(Ten Thousand Only) in default to undergo Simple Imprisonment for three months. Rs.10,000/-
¶3Aggrieved by the same, the petitioner has filed Crl.A.No.1042 of 2026 before this Court along with the instant criminal miscellaneous petition seeking suspension of sentence and bail.
¶4The case of the prosecution is that the defacto complainant and the appellant are husband and wife, residing along with their children. On
04.09.2021, when the defacto complainant sought permission from the appellant to attend her uncle's daughter's marriage, the appellant refused, resulting in a quarrel between them. During the quarrel, the appellant took a vegetable cutting knife and stabbed the defacto complainant several times on her left chest, left ribs, right wrist and stomach, causing bleeding injuries. She was thereafter taken to SIMS Hospital for treatment. Subsequently, a complaint was lodged, based on which a case was registered in Crime No.475 of 2021 and after investigation, a charge sheet filed.
4.1. During trial, the prosecution examined PW.1 to P.W.8 and marked Exs.P1 to P14 and produced M.O.1 (small knife green colour handle). On completion of trial, the trial Court convicted the petitioner as stated above.
¶5The learned counsel for petitioner submitted that the occurrence arose out of a matrimonial dispute and that the petitioner has raised substantial grounds in the above appeal, which require consideration.
¶6Heard the learned Government Advocate (Crl. Side) for the respondent and perused the materials available on record.
¶7The petitioner has raised substantial grounds in the above appeal, which require consideration. The trial Court has suspended the sentence. The appeal is not likely to be taken up in the near future. Hence, this Court is inclined to grant the relief of suspension of sentence to the petitioner.
¶8Accordingly, this criminal miscellaneous petition stands allowed and the sentence imposed on the petitioner is suspended till the disposal of the above criminal appeal and the petitioner is ordered to be released on bail on the following conditions:
(i) The petitioner/Appellant/Accused shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties, each for a like sum to the satisfaction of the learned Mahila Court, Chennai;
(ii) The Petitioner/Appellant/Accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety bond and the Trial Court may obtain a copy of their Aadhar card or Bank pass Book and mobile numbers to ensure their identity and;
(iii) The petitioner/Appellant/Accused shall appear before the trial Court at 10.30 a.m., once in every three months, without fail, until further orders;
(iv) On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
¶9Accordingly, this Criminal Miscellaneous Petition stands ordered. 19-08-2026 AT To
¶1The Mahila Court, Chennai.
2.The Inspector of Police, K-11, CMBT Police Station, Koyambedu,
¶3The Public Prosecutor, Madras High Court. CRLoMPoNo.o15495oofo2026 M.NIRMALoKUMAR,oJ. eeeeeAT CRLoMPoNo.o15495oofo 2026 in CRLoAoNo.o1042oofo2026 19-08-2026
Case details
Parties and counsel
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-08-2026 CORAM THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR in CRL A No. 1042 of 2026 Selvamuthukumaran Petitioner Vs State Represented by The Inspector of Police, K-11, CMBT Police Station, Koyambedu, Chennai – 600 107. (Crime No.475 of 2021) Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 430(1) of BNSS, 2023, to suspend the sentence of three years of rigorous imprisonment along with a fine amounting to Rs.10,000/- in default shall undergo three months for simple imprisonment. Sentenced by the learned Sessions Court, Mahalir Neethimandram at Allikulam, Chennai vide its order dated 24.07.2026 in S.C.No.417 of 2022 and enlarge the petitioner on bail. For Petitioner(s): Mr. R. Sreedhar For Respondent(s): Ms.Sharada Vivek Government Advocate (Crl. Side)
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