Subramaniyan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.12.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CRL.MP(MD) No.9014 of 2025 in Crl.A(MD)No.754 of 2025 Subramaniyan : Petitioners/A2 Vs.

State of Tamil Nadu represented by The Inspector of Police, Tirunelveli Town Police Station, Tiruelveli District.

(Crime No.87 of 2016) : Respondent/ Complainant Prayer: Criminal Miscellaneous Petition filed under Section 430(1) of BNSS 2023) to suspend the sentence and conviction passed in SC No.193 of 2017, dated 05/03/2025 by the III Additional District and Sessions Judge, Tirunelveli and enlarge the petitioner/A2 on bail, pending disposal of the above said criminal appeal.

For Petitioner : Mr.C.Ramesh for Dr.R.Alagumani 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.] This criminal miscellaneous petition has been filed seeking to suspend the sentence imposed on the petitioner by the III Additional District and Sessions Judge, Tirunelveli in S.C.No.193 of 2017, dated 05/03/2025 and to enlarge the petitioner/A2 on bail pending disposal of the criminal appeal.

2.The petitioner stands convicted and sentenced as under:- Section of Law Sentence of imprisonment Fine amount Section 302 IPC Life Imprisonment Rs.1,000/-, in default to undergo 1 month SI 3.Heard the learned counsel on either side and perused the materials available on record.

4.The petitioner/A2 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 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 Judge, 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 am, on the first working day of every English Calendar month till the disposal of the Criminal Appeal. [G.K.I., J.] & [R.P., J.] 12.12.2025 NCC : Yes / No Index : Yes / No er

G.K.ILANTHIRAIYAN , J.

AND R.POORNIMA, J .

er To, 1.The III Additional District and Sessions Judge, Tirunelveli.

2. The Superintendent Central Prison, Palayamkottai.

3.The Inspector of Police, Tirunelveli Town Police Station, 4.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

CRL.MP(MD) No.9014 of 2025 in Crl.A(MD)No.734 of 2025 12.12.2025