Ganesan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.01.2026

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CRL.MP(MD) No.9108 of 2025 in Crl.A(MD)No.165 of 2025 Ganesan Petitioner Vs.

The State of Tamil Nadu Rep. by The Inspector of Police Gudalur North Police Station Theni District.

Crime No.263/2020.

Respondent Prayer : Petition filed under Section 430 (1) of BNSS to suspend the sentence of imprisonment imposed by the Principal Sessions Judge, Theni, in S.C.No.52 of 2021 by the judgment dated 08.01.2025 and enlarge the petitioner/ Appellant on bail, pending disposal of the above said criminal appeal.

For Petitioner : Mr.S.Mahendrapathy 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.] Seeking to suspend the sentence imposed on the petitioner by the Principal Sessions Judge, Theni, vide Judgment dated 08.01.2025 in S.C.No.52 of 2021, he has filed this Criminal Miscellaneous Petition.

2. The petitioner stands convicted and sentenced as under: Section of Law Sentence of imprisonment Fine amount Rs.5,000/- i/d to undergo one month simple Imprisonment 302 IPC Life Imprisonment 341 IPC One month simple imprisonment - 294(b) IPC One month simple 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/Appellant 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 Principal Sessions Judge, Theni. 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.] 05.01.2026 rm Copy to 1.The Principal Sessions Judge, Theni.

2.The Inspector of Police Gudalur North Police Station Theni District.

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

G.K.ILANTHIRAIYAN , J.

AND R.POORNIMA, J .

rm CRL.MP(MD) No.9108 of 2025 in Crl.A(MD)No.165 of 2025 05.01.2026