Somasundaram v. The State Of Tamilnadu, Through The Inspector Of Police,

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.9872 of 2025 in Crl.A(MD)No.807 of 2025 Somasundaram : Petitioner/A1 Vs.

State of Tamil Nadu, through Inspector of Police, Kulasekarapattinam Police Station, Thoothukudi District.

(Crime No.32/2017) : Respondent/Complainant Prayer: Criminal Miscellaneous Petition filed under Section 430 of BNSS to suspend the sentence imposed by the 2nd Additional District and Sessions Judge, Thoothukudi, in SC No.193 of 2019, dated 04/07/2025 and enlarge the petitioner on bail, till the disposal of the criminal appeal. For Petitioner : Mr.Ka.Raamakrishnan 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 petitioner by the 2nd Additional District and Sessions Judge, Thoothukudi, in S.C.No.193 of 2019, dated 04/07/2025 and to enlarge the petitioner 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 302 IPC Life Imprisonment Rs.5,000/-, in default to undergo 6 months SI 120(B)(1) IPC Two years RI - 201 IPC Seven years RI Rs.1,000/-, in default to undergo 6 months SI 406 and 406 IPC 3 years RI - 3.Heard the learned counsel on either side and perused the materials available on record.

4.The petitioner 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 II Additional District and Sessions Judge, Tuticorin. (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.] 05.01.2026 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 Inspector of Police, Kulasekarapattinam Police Station, Thoothukudi District.

3. The Superintendent, Central Prison, Palayamkottai.

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

CRL.MP(MD) No.9872 of 2025 in Crl.A(MD)No.807 of 2025 05.01.2026