Sakthivel v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.12.2025
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CRL.MP(MD) No. 9759 of 2024 in Crl.A(MD)No.767 of 2024 Sakthivel .......
Petitioner Vs.
State rep. by The Inspector of Police Taluk Police Station, Tirunelveli District (Crime No.125 of 2016) ...... Respondent Prayer : Petition filed under Section 389(1) and 482 of Cr.P.C to suspend the sentence and grant bail to the appellant/accused imposed on the petitioner by the judgment and sentence dated 12.03.2024 in S.C.No.386 of 2021 on the file of the III Additional District and Sessions Court, Tirunelveli and the petitioner may be released on bail till the disposal of the criminal appeal.
For Petitioner : Mr.K.Dileeban 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 III Additional District and Sessions Court, Tirunelveli , vide Judgment dated 12.03.2024 in S.C.No.386 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 amoun Rs.1,000/- i/d to undergo one month simple imprisonment 120(B) r/w. 302 of IPC Ten years Rigorous imprisonment Rs.1,000/- i/d to undergo one month simple imprisonment 364 of IPC Two years Rigorous imprisonment Rs.1,000/- i/d to undergo one month simple imprisonment 302 of IPC 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 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 III Additional District and Sessions Court, Tirunelveli 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 a.m.
month, till the disposal of the Criminal Appeal. [G.K.I., J.] & [R.P., J.] 04.12.2025 NCC : Yes / No Index : Yes / No aav Copy to
1. The III Additional District and Sessions Court, Tirunelveli
2. The Superintendent Central Prison, Palayamkottai 3.The Inspector of Police Taluk Police Station, Tirunelveli District 4.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.
G.K.ILANTHIRAIYAN , J.
AND R.POORNIMA, J .
aav CRL.MP(MD) No.9759 of 2024 in Crl.A(MD)No.767 of 2024 04.12.2025