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Madras High CourtCRL MP(MD)/8008/2025allowed

Santhana Selvi v. The State Of Tamil Nadu

2025-12-10Honourable Mr Justice G.K. Ilanthiraiyan,Honourable Ms.Justice R. Poornima4 pages

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.8008 of 2025 in Crl.A(MD)No.410 of 2025 Santhana Selvi : Petitioner/A4 Vs.

State of Tamil Nadu through The Inspector of Police, Devathanapatti Police Station, Periyakulam Taluk, Theni District.

(Crime No.622 of 2016) : Respondent/Complainant Prayer: Petition filed under Section 430(1) of BNSS to suspend the sentence and release the petitioner on bail pending disposal of the criminal appeal of this court as against the judgment in SC No.104 of 2018 by the Additional District and Sessions Court, Periyakulam, dated 10/12/2024 and pass such further or other orders.

For Petitioner : Dr.R.Alagumani For Respondent : Mr.R.Meenakshmi Sundaram 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/A4 by the Additional District and Sessions Judge, Periyakulam, Theni District, in S.C.No.104 of 2018, dated 10/12/2024 and to enlarge the petitioner on bail pending disposal of the criminal appeal.

2.The petitioner/A4 stands convicted and sentenced as under:- Section of Law Sentence of imprisonment Fine amount Section 302 r/w 109 IPC Life Imprisonment Rs.5,000/-, in default to undergo 1 months SI 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/A4 herein is suspended, subject to the following conditions:- i. The petitioner/A4 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 Additional District and Sessions Judge, Periyakulam, Theni 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/A4 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 Additional District and Sessions Judge, Periyakulam, Theni District.

2. The Superintendent Special Prison for Women, Madurai.

3.The Inspector of Police Devathanapatti Police Station, Periyakulam Tk, Theni District.

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

CRL.MP(MD) No.8008 of 2025 in Crl.A(MD)No.410 of 2025 10.12.2025