Balakrishnan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.01.2026

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CRL.MP(MD) No. 873 of 2026 in Crl.A(MD)No.470 of 2024 Balakrishnan .......

Petitioner Vs.

The Inspector of Police Watrap Police Station, Virudhunagar District (Crime No.337 of 2017) ...... Respondent Prayer : Petition filed under Section 430 (2) of BNSS to suspend the sentence imposed on the petitioner/first appellant in S.C.No.05 of 2018 dated 21.03.2024 by the learned Additional District and Sessions Judge, Srivilliputhur pending disposal of the above criminal appeal For Petitioner : Mr.R.Rajamohan For Respondent : Mr.T.Senthil Kumar 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 Additional District and Sessions Judge, Srivilliputhur vide Judgment dated 21.03.2024 in S.C.No.5 of 2018, the present Criminal Miscellaneous Petition has been filed.

2. The petitioner stands convicted and sentenced as under: Section of Law Sentence of imprisonment Fine amount 427 of IPC Three months rigorous imprisonment -- Rs.1000/- i/d to undergo three month simple imprisonment 450 of IPC Three years rigorous imprisonment Rs.1000/- i/d to undergo three month simple imprisonment 302 of IPC Life Imprisonment 506(ii) of IPC Three years rigorous 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 2024 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 No.I, Srivilliputhur 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.] 19.01.2026 aav Copy to

1. The Additional District and Sessions Judge, Srivilliputhur

2. The Superintendent Central Prison, Madurai 3.The Inspector of Police Watrap Police Station, Virudhunagar 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. 873 of 2026 in Crl.A(MD)No.470 of 2024 19.01.2026