Kartheeswaran v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.12.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CRL.MP(MD) No.954 of 2025 in Crl.A(MD)No.53 of 2024 Kartheeswaran ....... Petitioner Vs.

State of Tamil Nadu, rep. by The Inspector of Police Bodi Town Police Station Theni District.

(Crime No.1063/2018).

......Respondent Prayer : Petition filed under Section 430 (1) of BNSS to suspend the sentence imposed against the petitioner in S.C.No.97 of 2019 dated 22.12.2022 passed by the learned Principal Sessions Judge, Theni District and enlarge the petitioner on bail pending disposal of the above appeal.

For Petitioner : Mr.G.Karuppasamypandiyan 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 Principal Sessions Judge, Theni District, vide Judgment dated 22.12.2022 in S.C.No.97 of 2019, he has filed this Criminal Miscellaneous Petition.

2. The petitioner stands convicted and sentenced as under: Section of Law Sentence of imprisonment Fine amount Rs.5,000/- i/d to undergo three months simple Imprisonment 450 of IPC Ten years rigorous Imprisonment 302 IPC Life Imprisonment Rs.5,000/- i/d to undergo three months simple 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, hence 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 Principal Sessions Judge, Theni District.

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 on the first working day of every English calender month at 10.30 a.m., till the disposal of the Criminal Appeal. [G.K.I., J.] & [R.P., J.] 05.12.2025 NCC : Yes / No Index : Yes / No rm Copy to 1.The Principal Sessions Judge, Theni District.

2.The Inspector of Police State of Tamil Nadu, Bodi Town Police Station Theni District.

3. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

G.K.ILANTHIRAIYAN , J.

AND R.POORNIMA, J .

rm CRL.MP(MD) No.954 of 2025 in Crl.A(MD)No.53 of 2024 05.12.2025