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Madras High CourtCRL MP/22802/2025ordered

L.Kumar v. State Rep By The Inspector Of Police

2025-12-15Honourable Mr.Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-12-2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN CRL MP No.22802 of 2025 in CRL A No.1837 of 2025 L.Kumar Petitioner(s) Vs State rep by the Inspector of police Thiyagadurgam Police Station, Villupuram District Respondent(s) PRAYER: Criminal Miscellaneous Petition has been filed under Section 483 of BNSS praying to suspend the sentence imposed in judgment and conviction passed in Special Case No.15 of 2025 dated 25.10.2025 on the file of the Special Court for Trial Narcotic Drugs and Psychotropic Substances Act Cases, Special Judge, Villupuram FAC and enlarge the petitioner on bail pending criminal appeal.

For Petitioner:

Mr.P.Rajavel For Respondent Mr.S.Balaji, Government Advocate (Crl. Side)

ORDER

This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed on the petitioner by judgment dated 25.10.2025 passed in Special Case No.15 of 2025 by the Special Court for Trial Narcotic Drugs and

Psychotropic Substances Act Cases, Special Judge, Villupuram FAC, pending disposal of the above criminal appeal and enlarge the petitioner on bail.

2. The petitioner/accused in Special Case No.15 of 2025 was convicted by the Trial Court by judgment dated 25.10.2025 for the offence under Section 8(c) r/w. 20(b)(ii)(B) of NDPS Act, 1985 and sentenced to undergo five years rigorous imprisonment and to pay a fine of Rs.50,000/-, in default, to undergo rigorous imprisonment for one months. Aggrieved by the same, he filed Crl.A.No.1837 of 2025 before this Court along with the instant criminal miscellaneous petition seeking suspension of sentence and bail.

3. The learned counsel for petitioner would submit that he has raised substantial grounds in the appeal.

4. Heard the learned counsels on either side and perused the materials available on record.

5. Considering the fact that there are substantial grounds raised in the above appeal, which requires consideration and since the appeal is not likely to be taken up in the near future, this Court is inclined to grant the relief of suspension of sentence to the petitioner.

6. Accordingly, this criminal miscellaneous petition stands allowed and the sentence imposed on the petitioner is suspended till the disposal of the above criminal appeal and the petitioner is ordered to be released on bail on the following conditions:

(i)The petitioner shall execute a bond for a sum of Rs.10,000/-, with two sureties, each for a like sum to the satisfaction of the learned Special Court for Trial Narcotic Drugs and Psychotropic Substances Act Cases, Special Judge, Villupuram FAC; (ii) The petitioner and 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 pass Book and mobile numbers to ensure their identity; and (iii)The petitioner shall appear before the Trial Court on the first working day of every month at 10.30 a.m. until the disposal of the 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 317 Cr.P.C. 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.

15-12-2025 Vum Note: Issue order copy on 15.12.2025

SUNDER MOHAN, J.

vum To 1.The Inspector of police Thiyagadurgam Police Station, Villupuram District.

2. The Special Judge, Special Court for Trial Narcotic Drugs and Psychotropic Substances Act Cases, Villupuram FAC.

3. The Superintendent, Central Prison, cuiddalore

4. The Public Prosecutor, Madras High Court, Chennai.

CRL MP No.22802 of 2025 in CRL A No.1837 of 2025 15.12.2025 (2/2)