Kowsigan v. State Of Tamilnadu Rep By Inspector Of Police, Rayappanpatti

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. 7396 of 2025 in Crl.A(MD)No.659 of 2025 Kowsigan .......

Petitioner Vs.

State rep. by The Inspector of Police Rayapanpatti Police Station, Theni District (Crime No.76 of 2023) ...... Respondent Prayer : Petition filed under Section 430(2) of Cr.P.C to suspend the sentence imposed by the judgment dated 28.04.2025 made in S.C.No.122 of 2023 on the file of the Additional District Judge(Fast Track Court) Theni and enlarge the petitioner on bail pending disposal of the above appeal For Petitioner : Mr.R.Gandhi, Senior Counsel for Mr.K.Althaf Sheriff

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 Judge(Fast Track Court) Theni , vide Judgment dated 28.04.2025 in S.C.No.122 of 2023 , he has filed this Criminal Miscellaneous Petition.

2. The petitioner stands convicted and sentenced as under: Section of Law Sentence of imprisonment Fine amoun 364 (A) r/w.120 (B)of IPC Life Imprisonment Rs.1,000/- 342 of IPC One year simple imprisonment - 304 of IPC Ten 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 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 learned Judicial Magistrate, Theni

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., on the first working day of every English calender 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 Additional District Judge(Fast Track Court) Theni

2. The Superintendent Central Prison, Madurai

3. The Judicial Magistrate,Theni 4.The Inspector of Police Rayapanpatti Police Station, Theni District 5.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

G.K.ILANTHIRAIYAN , J.

AND R.POORNIMA, J .

aav CRL.MP(MD) No.7396 of 2025 in Crl.A(MD)No.659 of 2025 04.12.2025