Kesavan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2025
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CRL.MP(MD) Nos.1675, 10417 & 10420 of 2025 in Crl.A(MD)No.962 & 1046 of 2024 Kesavan .... Petitioner in CRL.MP(MD) Nos.1675 of 2025 Sivaperumal @ Siva .... Petitioner in CRL.MP(MD) Nos.10417 of 2025 Muthuraja @ Baburaja .... Petitioner in CRL.MP(MD) Nos.10420 of 2025 Vs.
State of Tamil Nadu, rep. by The Inspector of Police Kurumbur Police Station (Crime No.98/2022).
......Respondent Common Prayer : Petitions filed under Section 430 (1) of BNSS to suspend the execution of sentence by granting bail in S.C.No. 307/2022 on the file of the Learned 1st Additional District and Sessions Court,
Thoothukudi District and set aside the judgment dated 14.10.2024 pending disposal of the above criminal appeals. For Petitioner in Crl.M.P.(MD)No.1675/25 : Mr.Kathirvelu, Senior Counsel for Mr.K.Prabhu For Petitioner in Crl.M.P.(MD)No.10417/25 : Mr.S.Vishnuvardhan, For Petitioner in Crl.M.P.(MD)No.10420/25 : Mr.S.Vishnuvardhan, For Respondent in all cases : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor Common Order [Order of the Court was made by G.K.ILANTHIRAIYAN, J.] Seeking to suspend the sentence imposed on the petitioners by the 1st Additional District and Sessions Court, Thoothukudi District, vide Judgment dated 14.10.2024 in S.C.No.307 of 2022, they have filed these Criminal Miscellaneous Petitions.
2. The petitioners stand convicted and sentenced as under: Accused Section of Law Sentence of imprisonment Fine amount Rs.5,000/- i/d to undergo one month Imprisonment 120(b)(1) IPC Life Imprisonment A1 302 r/w.
109 IPC Rs.5,000/- i/d to undergo one month Imprisonment Life Imprisonment Rs.5,000/- i/d to undergo one month Imprisonment 120(b)(1) IPC Life Imprisonment A3 302 r/w.
34 IPC Rs.5,000/- i/d to undergo one month Imprisonment Life Imprisonment Rs.5,000/- i/d to undergo one month Imprisonment 120(b)(1) IPC Life Imprisonment A4 302 r/w.
34 IPC Rs.5,000/- i/d to undergo one month Imprisonment 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 petitioners 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 petitioners.
5. Accordingly, the Criminal Miscellaneous Petitions are allowed and the substantive sentence of imprisonment alone imposed on the petitioners herein is suspended, subject to the following conditions: i. The petitioners are directed to be enlarged on bail on executing a bond for Rs.10,000/- each (Rupees Ten thousand only) with two sureties, each for a like sum to the satisfaction of the learned 1st Additional District and Sessions Court, 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 petitioners 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.] 08.12.2025 NCC : Yes / No Index : Yes / No rm Copy to 1.The 1st Additional District and Sessions Court, 2.The Inspector of Police State of Tamil Nadu, Kurumbur Police Station
3. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.
G.K.ILANTHIRAIYAN , J.
AND R.POORNIMA, J .
rm CRL.MP(MD) Nos.1675, 10417 & 10420 of 2025 in Crl.A(MD)Nos.962 & 1046 of 2024 08.12.2025