Murugan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CRL.MP(MD) No.4879 of 2025 in Crl.A(MD)No.440 of 2025 Murugan : Petitioner/Appellant Vs.

State of Tamil Nadu, The Inspector of Police, Aviyur Police Station, Virudhunagar District.

In Crime No.27 of 2018 : Respondent/Complainant Prayer: Criminal Miscellaneous Petition filed under Section 430(1) of BNSS, 2023) to suspend the sentence imposed by the Additional District and Sessions Court, Virudhunagar, in SC No.84 of 2019, dated 12/07/2024 and enlarge the petitioner/Accused No.2 on bail, till the disposal of the criminal appeal.

For Petitioner : Mr.S.Maya Perumalar 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.] This criminal miscellaneous petition has been filed seeking to suspend the sentence imposed on the petitioner by the Additional District and Sessions Court, Virudhunagar, in S.C.No.84 of 2019, dated 12/07/2024 and to enlarge the petitioner on bail pending disposal of the criminal appeal.

2.The petitioner stands convicted and sentenced as under:- Section of Law Sentence of imprisonment Fine amount 302 r/w 34 IPC Life Imprisonment Rs.1,000/-, in default to undergo 6 months RI 364 IPC 10 Years RI Rs.1,000/-, in default to undergo 6 months RI 392 IPC 10 Years RI Rs.1,000/-, in default to undergo 6 months RI 3.Heard the learned counsel on either side and perused the materials available on record.

4.The petitioner has made out a prima facie case to grant suspension of sentence, 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 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 Additional District and Sessions Court, Virudhunagar. (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 am, on the first working day of every English Calendar month till the disposal of the Criminal Appeal. [G.K.I., J.] & [R.P., J.] 15.12.2025 NCC : Yes / No Index : Yes / No er

G.K.ILANTHIRAIYAN , J.

AND R.POORNIMA, J .

er To, 1.The Additional District and Sessions Court, Virudhunagar.

2.The Inspector of Police, Aviyur Police Station, Virudhunagar District.

3. The Superintendent Central Prison, Madurai.

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

CRL.MP(MD) No.4879 of 2025 in Crl.A(MD)No.440 of 2025 15.12.2025