London Durai @ Kutti v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.12.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CRL.MP(MD) No.7971 of 2025 in Crl.A(MD)No.373 of 2025 1.London Durai @ Kutti 2.Sudalaimani 3.Mariappan ... Petitioners Vs.

State of Tamilnadu represented by The Inspector of Police, Pappakudi Police Station, Tenkasi District.

(Crime No.152 of 2022) .... Respondent Prayer : Petition filed under Section 389 Cr.P.C., and 430(1) of BNSS to suspend the sentence in S.C.No.769 of 2022, dated 04.02.2025, on the file of the learned Additional District and Sessions Judge (FTC), Tenkasi District till the disposal fo the Criminal Appeal. For Petitioner : Mr.M.Ramanathan 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 petitioners by the learned Additional District and Sessions Judge (FTC), Tenkasi District, vide Judgment dated 04.02.2025 in S.C.No.769 of 2022, they have 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 three months simple imprisonment 302 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 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 Judicial Magistrate, Alangulam, Tenkasi District. 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.] 17.12.2025 am

Copy to 1.The Additional District and Sessions Judge (FTC), Tenkasi District

2. The Judicial Magistrate, Alangulam, Tenkasi District.

3.The Inspector of Police, Pappakudi Police Station, Tenkasi District.

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

G.K.ILANTHIRAIYAN , J.

AND R.POORNIMA, J .

am CRL.MP(MD) No.7971 of 2025 in Crl.A(MD)No.373 of 2025 17.12.2025