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Madras High CourtCRL MP(MD)/10721/2025allowed

Muthuraja @ Panchayathu v. The State Of Tamil Nadu, Rep. By The Deputy Superintendent Of Police,

2025-12-10Honourable Mr Justice G.K. Ilanthiraiyan,Honourable Ms.Justice R. Poornima6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.12.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CRL.MP(MD) No.10721 of 2025 in Crl.A(MD)No.860 of 2025 Muthuraja @ Panchayathu ....... Petitioner Vs.

State of Tamil Nadu, rep. by The Deputy Superintendent of Police, Samayanallur Sub Division Alanganallur Police Station Madurai.

(Crime No 242 of 2022)

2. Kannan, S/o.Subbaiah Kammapatti Kalvelipatti Post Vadipatti Taluk Madurai District.

......Respondent Prayer : Petition filed under Section 430 (1) of BNSS to suspend the sentence of Imprisonment imposed in Spl.S.C.No.144 of 2022 on the file of the learned 3rd Additional District and Sessions Judge (PCR) Court,

Madurai, dated 04.10.2024 and enlarge the petitioner / Appellant on bail, pending disposal of the above said criminal appeal. For Petitioner : Ms.S.Prabha For Respondents : Mr.R.Meenakshi Sundaram - for R1 Additional Public Prosecutor Dr.R.Alagumani - for R2

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 3rd Additional District and Sessions Judge (PCR) Court, Madurai, vide Judgment dated 04.10.2024 in Spl.S.C.No.144 of 2022, 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.2,000/- i/d to undergo one year simple Imprisonment 120(b) r.w.302 IPC Life Imprisonment

Rs.1,000/- i/d to undergo six months simple Imprisonment 148 IPC Two years Imprisonment 3(1)(r), 3(1)(s), 3(2) (v) of SC/ST Act, Rs.2,000/- i/d to undergo six months simple Imprisonment Five years Imprisonment Rs.1,000/- i/d to undergo six months simple Imprisonment 149 IPC Two years 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/A4 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, 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 3rd Additional District and Sessions Judge (PCR) Court, Madurai.

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.] 10.12.2025 NCC : Yes / No Index : Yes / No rm

Copy to 1.The 3rd Additional District and Sessions Judge (PCR) Court, Madurai, 2.The The Deputy Superintendent of Police, Samayanallur Sub Division Alanganallur Police Station Madurai.

(Crime No 242 of 2022)

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

4.Kannan, S/o.Subbaiah Kammapatti Kalvelipatti Post Vadipatti Taluk Madurai District.

G.K.ILANTHIRAIYAN , J.

AND R.POORNIMA, J .

rm CRL.MP(MD) No.10721 of 2025 in Crl.A(MD)No.860 of 2025 10.12.2025