Shanmugavel vs The State Rep.
2026 Latest Caselaw 2734 Mad

Madras High Court

Shanmugavel vs The State Rep. on 22 May, 2026

                                                                               CRL MP No. 4730 of 2026
                                                                               in Crl.R.C.No.624 of 2026

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                   DATED: 22-05-2026
                                                       CORAM
                                   THE HON'BLE MR.JUSTICE R.SAKTHIVEL
                                                CRL MP No. 4730 of 2026
                                                          in
                                                 Crl.R.C.No.624 of 2026

                Shanmugavel
                S/o.Viswanathan,
                Sathyamoorthy Street,
                Pattaikoil,
                Salem District.
                                                                       ..Petitioner/Accused No.1
                                                          Vs
                The State Rep.
                The Inspector of Police,
                Pallapatti Police Station,
                Salem District.
                Crime No.85/2016
                                                                       ..Respondent/Complainant

                Prayer: Criminal Miscellaneous Petition filed under Section 397(1) r/w 439 of
                Cr.P.C. to suspend the sentence passed by the learned II Additional District and
                Sessions Judge, Salem, Salem District in Crl.A.No.33 of 2017 dated 16.08.2017
                and confirming the judgment and sentence passed by the learned Chief Judicial
                Magistrate-cum-Assistant Sessions Judge, Salem, Salem District in S.C.No.360
                of 2016 dated 08.03.2017 and enlarge the petitioner on bail pending disposal of
                the Crl.R.C.No.624 of 2026.


                              For Petitioner:          Mr.E.Kannadasan

                              For Respondent(s):       Mr.C.R.Malarvannan
                                                       Government Advocate (Criminal Side)



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                                                                                 CRL MP No. 4730 of 2026
                                                                                 in Crl.R.C.No.624 of 2026

                                                        ORDER

The petitioner/Accused No.1 in S.C.No.360 of 2016 was convicted by the

trial Court by the judgment dated 08.03.2017 for offence under Sections 341

and 392 r/w 397 of I.P.C. and sentenced to undergo two months rigorous

imprisonment for offence under Section 341 of I.P.C. and to undergo 7 years

rigorous imprisonment for offence under Sections 392 r/w 397 of I.P.C.

Aggrieved against the said conviction, the petitioner preferred an appeal in

Crl.A.No.33 of 2017 before the learned II Additional District Judge, Salem. The

learned II Additional District Judge, Salem, by an order dated 16.08.2017,

dismissed the appeal confirming the conviction and sentence of the trial Court,

against which, the petitioner preferred the above revision along with the instant

miscellaneous petition seeking suspension of sentence and bail.

2.The learned counsel appearing for the petitioner submits that the

petitioner’s son, named Vaitheeswaran had passed away on 08.05.2026. Hence,

he seeks interim bail to perform last rituals for his son.

3.In view of the facts and circumstances, this Court is inclined to grant

interim bail to the petitioner subject to the following conditions.

(i) The petitioner shall be released forthwith on executing

own bond for a sum of Rs.10,000/- (Rupees Ten thousand only);

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(ii) After releasing from prison, the petitioner shall produce

two sureties, each for a like sum to the satisfaction of learned

Chief Judicial Magistrate-cum-Assistant Sessions Judge, Salem,

on or before 29.05.2026;

(iii) The sureties shall affix their photographs and left

thumb impression in the Application for Suretyship [Judicial

Form No.46 annexed to 'The Criminal Rules of Practice, 2019'].

The learned Judicial Magistrate shall obtain a copy of any one of

their identity proofs to ensure their identity;

(iv) The petitioner shall appear and sign before the

respondent police on alternative days at 10.00 a.m., till the date of

surrender;

(v) The petitioner shall surrender before the Superintendent

of Prison, Central Prison, Salem, on or before 22.06.2026.

4. To that extent, the order of interim bail is granted.

5. List the matter on 23.06.2026.

22-05-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RSI

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Note:

1.Registry is directed to forthwith upload this order in the official website of this Court.

2.All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies.

To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.

To

1.The II Additional District and Sessions Judge, Salem, Salem District.

2.The Chief Judicial Magistrate-cum-Assistant Sessions Judge, Salem, Salem District.

3.The Inspector of Police, Pallapatti Police Station, Salem District.

4.The Superintendent of Prison, Central Prison, Salem.

5.The Public Prosecutor, High Court, Madras.

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R.SAKTHIVEL, J.

RSI

in

22-05-2026

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