Anverkhan v. Karunanidhi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.10271 of 2025 in Crl.A.No.556 of 2025

1. Anverkhan

2. Singaravelan ... Petitioners Vs Karunanidhi ... Respondent PRAYER: Criminal Miscellaneous Petition is filed under Section 430 of BNSS, 2023/Section 389 of the Criminal Procedure Code, to suspend the sentence imposed in S.T.C.No.844 of 2011 dated 05.04.2025 by the learned Additional District and Sessions Court, Ariyalur and enlarge the appellants on bail pending disposal of the criminal revision petition in Crl.A.No.556 of 2025. For Petitioners : Mr.R.Vivekananthan

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioners, seeking suspension of sentence imposed in S.T.C.No.844 of 2011 dated 05.04.2025 by the Additional District and Sessions Court, Ariyalur and enlarge the petitioners on bail.

2. The petitioners herein are arrayed as A2 and A3 in S.T.C.No.844

of 2011 dated 05.04.2025 by the learned Additional District and Sessions Court, Ariyalur. They were found guilty for the offences punishable under Sections and he has been convicted and sentenced as under: S.No.

Conviction Sentence 1.

Sections 323 of IPC to undergo three months simple imprisonment and to pay a fine of Rs.1000/- each, in default to undergo two weeks simple imprisonment each.

Aggrieved by the same, the petitioners have filed this appeal along with the present miscellaneous petition.

3. The learned counsel for the petitioners/accused would submit that there are arguable points available in the Criminal Appeal and the petitioners/accused have got a fair chance of succeeding in the Criminal Appeal and hence, the substantive sentence imposed against the petitioners/accused may be suspended. Further it is his specific submission that while at the time of pronouncing judgment, the Trial Court has suspended the sentence for a period of 30 days from 05.04.2025. He would submit that the petitioners are ready to abide the condition imposed by this Court.

4. Heard the learned counsel appearing for the petitioners and

perused the materials placed on record.

5. Considering the facts and circumstances of the case coupled with the quantum of punishment imposed upon the petitioners, also by considering the submissions of the learned counsel for the petitioners, further this criminal appeal is not likely to be taken for final hearing in the near future, this Court is of the view that the substantive sentence of imprisonment alone can be suspended on certain conditions.

6. Accordingly, till the disposal of the Criminal Appeal, the substantive sentence of imprisonment imposed by the learned trial Judge is alone suspended and bail are granted on the following conditions: (a) The petitioners/accused are ordered to be released on bail, on their executing a separate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties each for a like sum to the satisfaction of the Additional District and Sessions Court, Ariyalur.

(b) The petitioners/accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the Magistrate may obtain a copy of their Aadhaar Cards or Bank Pass Books to ensure their identities.

(c) The petitioners shall appear before the Trial Court on

the first working day of every English Calendar month at 10.30 a.m., until the disposal of the Criminal Appeal and if there are not able to appear before the trial Court on any day, they shall make arrangements to file an application under Section 355 of BNSS, 2023 and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court.

7. With the above directions, this Criminal Miscellaneous Petition is ordered.

04.06.2025 (3/3) Internet:Yes Index:Yes/No Speaking/Non speaking order mn

To The Additional District and Sessions Court, Ariyalur.

G.K.ILANTHIRAIYAN. J, mn Crl.M.P.No.10271 of 2025 in Crl.A.No.556 of 2025 04.06.2025