Pitchiah v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.12.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CRL.MP(MD) No.9421 of 2025 in Crl.A(MD)No.549 of 2025 1.Pitchiah 2.Balasubramanian : Petitioners/A4 and A10 Vs.

1.The State of Tamil Nadu rep. through its Revenue Divisional Officer, Thoothukudi, Thoothukudi District. : Respondent/Respondent Prayer: Petition filed under Section 430(1) of BNSS 2023 ( U/s.389(1) of the Criminal Procedure Code) to suspend the sentence of imprisonment imposed on the appellants/A4 and A10 by the learned I Additional District and Sessions Court, Thoothukudi, in SC No.223 of 2006 by the judgment, dated 05/04/2025 and enlarge the petitioners on bail, pending disposal of the above said criminal appeal.

For Petitioners : Mr.V.Gopinath Senior Counsel for Mr.N.Ananda Kumar

For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor Assisted by Mr.D.Srinivasaraghavan

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 petitioners/A4 and A10 by the I Additional District and Sessions Judge, Thoothukudi, in S.C.No.223 of 2006, dated 05/04/2025 and to enlarge the petitioners on bail pending disposal of the criminal appeal.

2.The petitioners/A4 and A10 stand convicted and sentenced as under:- Section of Law Sentence of imprisonment Fine amount 302 IPC Life Imprisonment Rs.10,000/-, in default to undergo 3 months SI 3.Heard the learned counsel on either side and perused the materials available on record.

4.The petitioners have 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 petitioners. 5.Accordingly, the Criminal Miscellaneous Petition is allowed and the substantive sentence of imprisonment alone imposed on the petitioners/A4 and A10 herein is suspended, subject to the following conditions:- i. The petitioners/A4 and A10 are 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 I Additional District and Sessions Judge, Thoothukudi. 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/A4 and A10 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.] 10.12.2025 NCC : Yes / No Index : Yes / No er

G.K.ILANTHIRAIYAN , J.

AND R.POORNIMA, J .

er To,

1. The I Additional District and Sessions Judge, Thoothukudi.

2. The Superintendent Central Prison,Palayamkottai.

3.The Revenue Divisional Officer, Thoothukudi.

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

CRL.MP(MD) No.9421 of 2025 in Crl.A(MD)No.549 of 2025 10.12.2025