High CourtsSingle Bench

Shanmugavel vs State

Madras High Court · Decided on 22 May 2026 · Citation: (2026) 05 MAD CK 1308

HON’BLE JUDGES
R.Sakthivel, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 341, 392, 397
CASE NUMBER
Criminal Original Petition No. 13278, 13279 Of 2026
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Judgment

11 paragraphs · 337 words

R.Sakthivel, J

1.

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);

(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.