Manikandan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.12.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CRL.MP(MD) No.10233 of 2025 in Crl.A(MD)No.828 of 2025 Manikandan, S/o.Nataraj Abirami Store Backside Allinagaram Theni District.

(Now confining as convict prisoner at Central Prison, Madurai) Petitioner Vs.

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

Crime No.3922/2020 Respondent Prayer : Petition filed under Section 430 (1) of BNSS to suspend the sentence imposed against the Petitioner in SC No.74/2021 on the file of the Sessions Court, Mahalir Neethimandram, Fast Track Mahila Court,

Theni dated 07.02.2025 and release the Petitioner on bail till the disposal of the main criminal appeal.

For Petitioner : Mr.R.Anandaraj for M/s S.Vishnuvardhan 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 petitioner by the Sessions Court, Mahalir Neethimandram, Fast Track Mahila Court, Theni, vide Judgment dated 07.02.2025 in S.C.No.74 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.2,000/- i/d to undergo one year simple Imprisonment 302 r/w.109 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/A3 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 Sessions Court, Mahalir Neethimandram, Fast Track Mahila Court, 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.] 16.12.2025 NCC : Yes / No Index : Yes / No rm

Copy to 1.The Sessions Court, Mahalir Neethimandram, Fast Track Mahila Court, Theni 2.The Inspector of Police Theni 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.10233 of 2025 in Crl.A(MD)No.828 of 2025 16.12.2025