[Cites 2, Cited by 0]
Madras High Court
Pawan vs State Represented By on 8 April, 2026
Author: Anita Sumanth
Bench: Anita Sumanth
Crl.MP Nos. 4240 and 4968 of 2026 in Crl A Nos. 250 and 293 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.04.2026
CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
and
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
Crl MP Nos. 4240 and 4968 of 2026
in
Crl A Nos. 250 and 293 of 2026
Crl.M.P.No.4240 of 2026
Pawan, male Aged about 27 years
Son of Devaraj,
No.3/291, Soppati Village,
Hosur Taluk,
Krishnagiri District. .. Petitioner
vs
State Represented by
The Inspector of Police,
Mathigiri Police Station, Hosur,
Crime No.02 of 2022
Krishnagiri District.
.. Respondent
Crl.M.P.No.4968 of 2026
1.Moorthi, S/o.Muniraj 24 yrs,
2.Suresh, S/o.Ramakrishnappa 24 yrs
3.Appu, S/o.Sivaappa, 23 yrs
4.Hemanth @ Hemakumar, S/o.Venkatesh 23 yrs
All are residing at Soppatti Village,
Achetipalli Post, Hosur Taluk,Krishnagiri District.
.. Petitioners
1/7
https://www.mhc.tn.gov.in/judis
Crl.MP Nos. 4240 and 4968 of 2026 in Crl A Nos. 250 and 293 of 2026
vs
State Rep Inspector of Police,
Mathigiri Police Station, Hosur,
Krishnagiri District.
(Crime No.02 of 2022) .. Respondent
Prayer in Crl.M.P.No.4240 of 2026: Criminal miscellaneous petition filed
under Section 430 and 483 of the Bharatiya Nagarik Suraksha Sanhita,
2023 to suspend the sentence imposed by the Additional District &
Session Judge, Hosur in S.C.No.131 of 2022, by the judgment dated by
08.12.2025 and enlarge the petitioners on bail pending disposal of the
above appeal.
Prayer in Crl.M.P.No.4968 of 2026: Criminal miscellaneous petition filed
under Section 430 (1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 to
suspend the sentence passed on 08.12.2025 passed in S.C.No.131 of 2022
on the file of Additional Sessions Judge at Hosur by enlarging the
petitioners on Bail, pending disposal of the Criminal Appeal on the file of
this Hon’ble Court.
For Petitioner(s)
In Crl.M.P.No.4240 of 2026 : Mr.R.John Sathyan
Senior Counsel
for Mr.P.Divakar
In Crl.M.P.No.4968 of 2026 : Mr.V.Regunathan
For Respondent
In both the cases : Mr.S.Raja Kumar
Additional Public Prosecutor
2/7
https://www.mhc.tn.gov.in/judis
Crl.MP Nos. 4240 and 4968 of 2026 in Crl A Nos. 250 and 293 of 2026
COMMON ORDER
(Made by SUNDER MOHAN, J.)
Crl.M.P.No. 4240 of 2026 has been filed by A2 and Crl.M.P.No.
4968 of 2026 has been filed by A3 to A6 seeking suspension of life
sentence imposed on them for the offence under Section 302 IPC.
2. The case of the prosecution is that the A1 and the deceased were
known to each other; that prior to the occurrence, their cars collided with
each other and a wordy altercation took place; that enmity developed
thereafter; that the deceased went to the house of A1 and picked up a
quarrel; that on 31.12.2021 at about 6.00 pm, the accused met and
conspired to do away with the deceased; and that on 1.1.2022, A1 passed
on the information about the presence of the deceased to A2 to A6, who
thereafter went to a mango grove belonging to one Viswanath (not
examined) and indiscriminately attacked the deceased with weapons
causing his death.
3. Mr.John Sathyan, learned Senior Counsel, appearing for A2 and
MrV.Regunathan, learned counsel appearing for A3 to A6 would submit
that the impugned judgment is liable to be set aside as there is no
evidence to hold the petitioners guilty of the offences; that all the eye
witnesses examined by the prosecution turned hostile; that the
https://www.mhc.tn.gov.in/judis
Crl.MP Nos. 4240 and 4968 of 2026 in Crl A Nos. 250 and 293 of 2026
circumstances relied upon by the learned trial Judge also have not been
established; and that in any case they do not form a complete chain
pointing out only to the guilt of the accused and prayed for suspension of
sentence.
4. Heard the learned Additional Public Prosecutor, who would
submit that though eye witness turned hostile, the prosecution has
established that the deceased suffered homicidal death and proved the
motive for the occurrence. Learned Additional Public Prosecutor also
relied upon the circumstances of the deceased seen in the company of the
accused, prior to the occurrence and relating to the confession and
recovery of the material objects.
5. We have perused the judgment and the relevant records.
Admittedly, the eye witnesses PW2 to PW6 turned hostile. Therefore, the
learned Judge had relied upon certain circumstances to hold the
petitioners guilty of offence of murder. It is not in dispute that the
deceased has suffered a homicidal death. However, the evidence of PW1
would show that apart from A1, the other accused, i.e., the petitioners had
no motive as against the deceased. A1 is no more. The presence of the
deceased in the company of A1 to A6 has also not been established by the
prosecution. Therefore, we are prima facie, convinced that the
prosecution had not established the major circumstances as against the
https://www.mhc.tn.gov.in/judis
Crl.MP Nos. 4240 and 4968 of 2026 in Crl A Nos. 250 and 293 of 2026
accused and in any case, the circumstances do not form a complete chain
pointing out only to the guilt of the accused. The petitioners have fair
chances of success in the appeal. The appeals are not likely to be heard in
the near future. Hence, we are inclined to suspend the sentence imposed
on the petitioners.
6. Accordingly, this Criminal Miscellaneous Petitions stand
allowed and the sentence of imprisonment imposed on the petitioners are
suspended and the petitioners are granted bail on the following
conditions:
(i)The petitioners shall execute a bond for a sum of
Rs.25,000/-, each with two sureties, of whom,
one should be a blood relative, each for a like
sum to the satisfaction of the learned Additional
Sessions Judge, Hosur.
(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 pass Book and mobile numbers to
ensure their identity; and
(iii)The petitioners shall appear before the trial
Court on the first working day of every month at
https://www.mhc.tn.gov.in/judis
Crl.MP Nos. 4240 and 4968 of 2026 in Crl A Nos. 250 and 293 of 2026
10.30 a.m. until the disposal of the appeal and if
they are not able to appear before the trial Court
on any day, they shall make arrangements to file
an application under Section 317 Cr.P.C. and
shall appear before the trial Court on any other
day in lieu of the date of their absence, as
directed by the trial Court.
[A.S.M, J.] [S.M, J.]
08.04.2026
Index:Yes/No
Neutral Citation:Yes/No
ssm
Note to Registry: Issue Today
To
1.The Inspector of Police,
Mathigiri Police Station, Hosur,
Krishnagiri District.
2.The Additional District and Session Judge,
Hosur.
3.The Public Prosecutor,
High Court, Madras.
4.The Superintendent of Prison,
Central Prison, Salem.
https://www.mhc.tn.gov.in/judis
Crl.MP Nos. 4240 and 4968 of 2026 in Crl A Nos. 250 and 293 of 2026
DR. ANITA SUMANTH,J.
and
SUNDER MOHAN,J.
ssm
Crl MP Nos. 4240 and 4968 of 2026
in
Crl A Nos. 250 and 293 of 2026
08.04.2026
https://www.mhc.tn.gov.in/judis
