Manikandan v. State By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 25.10.2025 Coram:
The Honourable Mrs.Justice T.V.THAMILSELVI Crl.M.P.No.17729 of 2025 in Crl.A.No.1382 of 2025 Manikandan
...Petitioner
Versus
State by Inspector of Police, Government Railway Police Station, Perambur, Chennai - 600 011.
(Crime No.15/2020)
...Respondent
Prayer: This Criminal Miscellaneous Petition is filed under Section 389(1) of Cr.P.C. r/w. Section 430(1) of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to suspend the sentence imposed on the petitioner by the XX Additional District and Sessions Court at Allikulam, Chennai made in S.C.No.205/2025 dated 27.06.2025 and enlarge the petitioner on bail pending disposal of the above Criminal Appeal on the file of this Court. For Petitioner :
Mr.T.R.Ravi For Respondent :
Mr.V.Meganathan, Government Advocate (Crl.Side) 1/7
ORDER
This Criminal Miscellaneous Petition has been filed by the Petitioner seeking to suspend the sentence imposed on him by the learned XX Additional District and Sessions Judge, Allikulam, Chennai vide Judgment dated 27.06.2025 in S.C.No.205/2025 and to enlarge him on bail pending disposal of the above Criminal Appeal.
2. The Petitioner is Accused No.2 in S.C.No.2025 of 2025 on the file of XX Additional District and Sessions Court, Allikulam, Chennai. The Petitioner/Accused No.2 was found guilty of the offence under Section 392 of IPC. Therefore, the learned XX Additional District and Sessions Judge, Allikulam, Chennai vide Judgment dated 27.06.2025 in S.C.No.205/2025, convicted the Petitioner/Accused No.2 and sentenced him to undergo rigorous imprisonment for a period of 7 years. Aggrieved by the said conviction and sentence, Petitioner/Accused No.2 has preferred the present Criminal Appeal before this Court.
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3. The learned counsel for the Petitioner/Accused No.2 submitted that Petitioner/Accused No.2 has been falsely implicated in this case and now, he has been under the judicial custody.
3.1. It is further submitted by the learned counsel for the Petitioner/Accused No.2 that Petitioner/Accused No.2 has a little child and aged parents.
3.2. The learned counsel for the Petitioner/Accused No.2 submitted that Petitioner/Accused No.2 has a fair chance of succeeding in the Criminal Appeal and he is ready to abide any condition to be imposed by this Court. Therefore, the learned counsel prayed that the substantive sentence imposed on the Petitioner/Accused No.2 may be suspended.
4. The learned Government Advocate (Crl.Side) appearing on behalf of the respondent Police submitted that Petitioner/Accused No.2 has no 3/7
previous criminal antecedents. He also submitted that the Cellphone which was snacted from victim by the accused had been recovered by the Police.
5. Heard the learned counsel for the Petitioner/Accused No.2 as well as learned Government Advocate (Crl.Side) appearing for the respondent Police.
6. Considering the submissions made by the learned counsel for the Petitioner/Accused No.2 coupled with the quantum of punishment imposed on the Petitioner/Accused No.2 and taking into consideration of the fact that the Criminal Appeal is likely to be taken up for final hearing in the near future, this Court is inclined to suspend the substantive sentence of imprisonment alone.
7. Accordingly, till the disposal of the Criminal Appeal, the reliefs of suspension of sentence and bail are granted on the following conditions: (i) The sentence of imprisonment imposed on the Petitioner/Accused No.2 shall be suspended and the Petitioner/Accused No.2 shall be released on bail on condition that he shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a 4/7
likesum to the satisfaction of the trial Court; (ii) The Petitioner/Accused No.2 and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the trial Court may obtain a copy of their Aadhaar Card or Bank Pass Book and their mobile numbers to ensure their identity;
(iii) The Petitioner/Accused No.2 shall appear before the respondent Police on every Tuesday and Saturday at 10.30 a.m. and he shall also 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 he is not able to appear before the trial Court on any day, he 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 his absence, as directed by the trial Court.
8. With the above directions, this Criminal Miscellaneous Petition is allowed.
25.10.2025 mrr Index: Yes/No Speaking Order (or) Non-Speaking Order 5/7
Note: Registry is directed to list Criminal Appeal No.1382 of 2025 for hearing on 25.11.2025.
To 1.The XX Additional District and Sessions Court, Allikulam, Chennai.
2.The Inspector of Police, Government Railway Police Station, Perambur, Chennai - 600 011.
3.The Public Prosecutor, High Court, Madras.
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T.V.THAMILSELVI, J.
mrr Crl.M.P.No.17729 of 2025 in Crl.A.No.1382 of 2025 25.10.2025 7/7