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Madras High CourtCRL MP/16225/2024ordered

Isakkimuthu v. State By

2025-11-19Honourable Mrs.Justice T.V.Thamilselvi7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-11-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI AND CRL A NO. 1435 OF 2024

1. ISAKKIMUTHU S/o.Murugan, No.57/75, Keela Sannathi Street, Srivaikuntam, Thoothukkudi District.

Petitioner(s) Vs

1. State By The Inspector Of Police, Nib Cid, Kancheepuram. Crime No.35 Of 2022 Respondent(s) CRL A No. 1435 of 2024

1. ISAKKIMUTHU S/o.Murugan, No.57/75, Keela Sannathi Street, Srivaikuntam, Thoothukkudi District.

Appellant(s) Vs

1. State By

The Inspector Of Police, Nib Cid, Kancheepuram. Crime No.35 Of 2022 Respondent(s) PRAYER To suspend the sentence imposed on the Petitioner by order dated 29.10.2024 in C.C.No.263 of 2023 dated 29.10.2024 by the Learned Principal Special Court under EC and NDPS Act Chennai and release the petitioner on bail till the disposal of the above Crl.A.No. of 2024 and thus render justice. CRL A No. 1435 of 2024 PRAYER To set aside the conviction of the appellant in C.C.No.263 of 2023 dated 29.10.2024 by the Learned Principal Special Court under EC and NDPS Act Chennai by allowing this appeal and thus render justice. For Respondent:

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, to suspend the sentence imposed on the Petitioner by order dated 29.10.2024 in C.C.No.263 of 2023 dated 29.10.2024 by the Learned Principal Special Court under EC and NDPS Act Chennai and release the petitioner on bail till the disposal of the above Crl.A.No. of 2024

2. The petitioner herein is the accused in C.C.No.263 of 2023 on the file

of the Learned Principal Special Court under EC and NDPS Act Chennai. He was found guilty of the offence under Section 8 (c) r/w 20 (b) (ii) (c) pf the NDPS Act and sentencing the appellant to undergo rigorous imprisonment for 12 years and to pay a fine of Rs.1,20,000/- and ind default to pay fine he has to undergo further rigorous imprisonment for 6 months by the learned Special Court under EC & NDPS Act Chennai dated 29.102.2024 in C.C.No.263 of 2023. Challenging the same, the present revision has been filed. 3.

The learned counsel for the petitioner/accused would submit that there are arguable points available in the Criminal appeal and the petitioner/accused has got a fair chance of succeeding in the Criminal appeal and hence, the substantive sentence imposed against the petitioner/accused may be suspended. He would submit that the petitioner is having two children and he has to take care of them and the petitioner is ready to abide the condition imposed by this Court.

4. Considering the facts and circumstances of the case coupled with the quantum of punishment imposed upon the petitioner, also by considering the submissions of the learned counsel for the petitioner, 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. Accordingly, till the disposal of the Criminal appeal, the reliefs of suspension of sentence and bail are granted on the following conditions:

(a) the petitioner/accused is ordered to be released on bail, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, in which one surety must be a blood related surety, each for a like sum to the satisfaction of the learned Principal Special Court for EC&NDPS Act, Chennai (c) The petitioner/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.

(d) The petitioner shall appear before the Trial Court on

every Tuesday and sunday 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 the date of his absence, as directed by the trial Court.

5.

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

19-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes smn To.

1. The Inspector of Police, NIB CID Kancheepuram ( Crime no.35 of 2022)

2.The learned Principal Special Court for EC&NDPS Act, Chennai

T.V.THAMILSELVI, J.

smn CRL MP No. 16225 of AND CRL A NO. 1435 OF 2024 19-11-2025