Liviston v. The State Of Tamilnadu

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.8920 of 2025 in Crl.A(MD)No.746 of 2025 1.Liviston 2.Maria Jerman : Petitioners/A2 and A3 Vs.

The State rep. by The Inspector of Police, North Police Station, Thoothukudi, Thoothukudi District.

(Crime No.761 of 2020) : Respondent/Respondent Prayer: Petition filed under Section 430 of BNSS 2023 to suspend the sentence imposed by the judgment, dated 03/06/2025 made in SC No.99 of 2022 on the file of the II Additional District and Sessions Judge, Thoothukudi and enlarge the petitioners on bail pending disposal of the above appeal.

For Petitioners : Mr.R.Gandhi Senior Counsel for M/s.Ajmal Associates For Respondent : Mr.R.M.Anbunithi 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 petitioners/A2 and A3 by the II Additional District and Sessions Judge, Thoothukudi, in S.C.No.99 of 2022, dated 03/06/2025 and to enlarge the petitioners on bail pending disposal of the criminal appeal.

2.The petitioners/A2 and A3 stand convicted and sentenced as under:- Section of Law Sentence of imprisonment Fine amount 302 IPC Life Imprisonment Rs.5,000/-, in default to undergo 6 months SI 148 IPC 3 Years RI 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 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/A2 and A3 herein is suspended, subject to the following conditions:- i. The petitioners/A2 and A3 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 Judicial Magistrate Court No.III, Thoothukudi. ii. The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Judicial Magistrate Court may obtain a copy of their Aadhar card or Bank passbook to ensure their identity.

iii. The petitioners/A2 and A3 shall appear and sign before the said 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 II Additional District and Sessions Judge, Thoothukudi.

2. The Superintendent, Central Prison, Palayamkottai.

3.The Inspector of Police, North Police Station, Thoothukudi, Thoothukudi District.

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

CRL.MP(MD) No.8920 of 2025 in Crl.A(MD)No.746 of 2025 10.12.2025