Dhilip Kumar v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2025
CORAM
THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE Mr. JUSTICE KRISHNAN RAMASAMY CRL.MP(MD) No.9593 of 2025 in Crl.A(MD)No.875 of 2023 Dhilip Kumar .......
Petitioner Vs.
The Inspector of Police Aralvaimozhi Police Station, In Crime No.155 of 2015 ...... Respondent Prayer : Petition filed under Section 430 (1) of BNSS to suspend the sentence imposed on the petitioner by the Additional District Sessions Court (Fast Track Court), Nagercoil, Kanyakumari District in S.C.No.278 of 2017, by Judgment dated 14.07.2023 and enlarge the petitioner on bail, pending disposal of the above appeal.
For Petitioner : Mr.R.Gandhi, senior counsel for M/s.Ajmal Associates
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 Additional District and Sessions Court (Fast Track Court), Nagercoil, Kanyakumari District, vide Judgment dated 14.07.2023 in S.C.No.278 of 2017, the petitioner 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 year Rigorous Imprisonment 302 of IPC Life Imprisonment 148 of IPC One year Rigorous Imprisonment - 341 IPC One month Rigorous Imprisonment - Rs.3,000/- i/d to undergo one year Rigorous Imprisonment 307 r/w 149 IPC Five years Rigorous 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 and that there are several arguable points and further the appeal is of the year 2023 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 imposed on the petitioner herein is alone 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 District Munsif and Judicial Magistrate, Boothapandi,
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.] & [K.R., J.] 19.12.2025 NCC : Yes / No Index : Yes / No mbi To 1.The Additional District and Sessions Court (Fast Track Court), Nagercoil, Kanyakumari District.
2.The District Munsif and Judicial Magistrate, Boothapandi, Kanyakumari District.
3.The Inspector of Police Aralvaimozhi Police Station,
4. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.
G.K. ILANTHIRAIYAN, J.
AND KRISHNAN RAMASAMY, J.
mbi CRL.MP(MD) No.9593 of 2025 in Crl.A(MD)No.875 of 2023 19.12.2025