Kalaiyarasi vs State Of Tamilnadu

N.Anand Venkatesh, J

This petition has been filed seeking for suspension of sentence imposed on the petitioner in the judgment passed by the learned Sessions Judge, Fast Track Mahila Court, Sivagangai made in SC.No.8/2014 dated 27.02.2026 and to enlarge the petitioner on bail.

The case of the prosecution is that Accused No.1 was working as a Maid in the house of the defacto complainant. Accused No.1 had a relationship with Accused Nos.2 and Accused Nos.3 to 5 are the friends of Accused No.2. Accused No.7 is the sister of Accused Nos.2 and Accused No.6 is residing in the house behind the house of the defacto complainant as a tenant. In the early hours of 14.03.2026 with an intention to commit theft, the defacto complainant was attacked and his hands and legs were tied. The deceased was attempting to raise her voice and it is alleged that Accused Nos.2 to 5 closed her mouth with a cloth and thereby, she suffocated, resulting in her death. Based on a complaint, an FIR came to be registered in Crime No.55 of 2012 for the offences under Sections 457, 380 and 302 of IPC. There are totally seven accused persons in this case and the petitioner has been arrayed as Accused No.7 and the charge against her was for the offence under Section 414 of IPC.

The trial Court, on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence, passed a judgment on 27.02.2026 and convicted and sentenced the accused person. Insofar as the petitioner is concerned, she was convicted for the offence under Section 414 of IPC and was sentenced to undergo three years rigorous imprisonment and to pay a fine of Rs.10,000/- in default to undergo six months simple imprisonment. Aggrieved by the same, the present petition has been filed before this Court.

We heard the learned counsel appearing for the petitioner / appellant and the learned Additional Public Prosecutor appearing on behalf of the respondent.

The learned counsel appearing for the petitioner / appellant submitted that the petitioner was convicted mainly by relying upon the confession made by Accused No.2 and that no case has been made out against the petitioner for the offence under Section 414 of IPC. The learned counsel further submitted that the trial Court while passing the judgment on 27.02.2026, had suspended the sentence insofar as the petitioner is concerned till 30.03.2026.

Taking into consideration the facts and circumstances of the case and considering the grounds raised by the petitioner and also taking note of the fact that the trial Court has suspended the sentence till 30.03.2026 and it will take some more time to take up the main appeal for final hearing and also considering the fact that there are no previous case against the petitioner, this Court is inclined to suspend the sentence. Accordingly, the Criminal Miscellaneous Petition is allowed, subject to the following conditions:

i. The petitioner is directed to be enlarged on bail on executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Sivagangai.

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.