Kayambu v. State Of Tamilnadu Rep By Inspector Of Police, Devakottai Taluk

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2026

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CRL.MP(MD) No. 463 of 2026 in Crl.A(MD)No.1031 of 2025 Kayambu .......

Petitioner Vs.

State rep. by The Inspector of Police Devakottai Taluk Police Station Sivagangai District (Crime No.326 of 2010) ...... Respondent Prayer : Petition filed under Section 430(1) of BNSS to suspend the sentence imposed by the learned Sessions Judge, Magalir Fast Track Court, Sivagangai in S.C.No.40 of 2011 vide his judgment dated 28.08.2025 pending disposal of the main criminal appeal. For Petitioner : Mr.R.Gandhi,Senior Counsel for Mr.A.Balaji For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

[Order of the Court was made by G.K.ILANTHIRAIYAN, J.] Seeking to suspend the sentence imposed on the petitioner by the learned Sessions Judge, Magalir Fast Track Court, Sivagangai , vide Judgment dated 28.08.2025 in S.C.No.40 of 2011, the present Criminal Miscellaneous Petition has been filed.

2. The petitioner stands convicted and sentenced as under: Section of Law Sentence of imprisonment Fine amoun Rs.1,000/- i/d to undergo three month simple imprisonment 396 of IPC Life Imprisonment Rs.1,000/- i/d to undergo three month simple imprisonment 302 r/w.149 of IPC Life Imprisonment

3. Heard the learned counsel on either side and perused the materials available on record.

4. Considering the period of incarceration suffered by the petitioner and that there are several arguable points and further the appeal is of year 2025 and the likelihood of the appeal being taken up for final hearing in

the near future is also not possible, we are of the opinion that it is a fit case for grant of suspension of sentence to the petitioner. 5.. Accordingly, the Criminal Miscellaneous Petition is allowed and the substantive sentence of imprisonment alone imposed on the petitioner herein is suspended, subject to the following conditions: i. The petitioner is directed to be enlarged on bail on executing a bond for Rs.10,000/- (Rupees Ten thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Devakottai ii. 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 passbook to ensure their identity. iii. The petitioner shall appear and sign before the trial Court at 10.30 a.m., on the first working day of every English calender month, till the disposal of the Criminal Appeal. [G.K.I., J.] & [R.P., J.] 12.01.2026 aav

Copy to

1. The Sessions Court, Magalir Fast Track Court, Sivagangai

2. The Superintendent Central Prison, Madurai 3.The Inspector of Police Devakottai Taluk Police Station Sivagangai District 4.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

G.K.ILANTHIRAIYAN , J.

AND R.POORNIMA, J .

aav CRL.MP(MD) No.463 of 2026 in Crl.A(MD)No.1031 of 2025 12.01.2026