Richard Samuvel v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.12.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CRL.MP(MD) No.6149 of 2025 in Crl.A(MD)No.532 of 2025 Richard Samuvel ....... Petitioner Vs.

State of Tamil Nadu, rep. by The Inspector of Police Swamymalai Police Station Thanjavur District.

Crime No.973 of 2020.

......Respondent Prayer : Petition filed under Section 430 (1) of BNSS to suspend the Suspend the Sentence imposed against the petitioner in S.C.No.47 of 2021 dated 26.11.2024 passed by the Learned Additional District and Sessions Judge, (Fast Track Court), Kumbakonam and enlarge the petitioner on bail pending disposal of the above criminal appeal.

For Petitioner : Mr.T.Theivasigamani For Respondent : Mr.R.Meenakshi Sundaram, 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 Additional District and Sessions Judge, (Fast Track Court), Kumbakonam, vide Judgment dated 26.11.2024 in S.C.No.47 of 2021, 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.1,000/- i/d to undergo one year rigorous Imprisonment 302 IPC Life Imprisonment Rs.500/- i/d to undergo six months rigorous Imprisonment 120(B) IPC Two years rigorous Imprisonment Rs.500/- i/d to undergo six months rigorous Imprisonment 148 IPC Two 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 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 Additional District and Sessions Judge, (Fast Track Court), Kumbakonam.

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.] 09.12.2025 NCC : Yes / No Index : Yes / No rm Copy to 1.The Additional District and Sessions Judge, (Fast Track Court), Kumbakonam.

2.The Inspector of Police Swamymalai Police Station Thanjavur 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.6149 of 2025 in Crl.A(MD)No.532 of 2025 (2/4) 09.12.2025