Rajapandi 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.10586 of 2025 in Crl.A(MD)No.850 of 2025 Rajapandi S/o.Antonymuthu 143 Anthoniyar Kovil Street Anthoniyarpuram Thoothukudi Thoothukudi District.

Petitioner Vs.

The State of Tamilnadu Rep. by The Inspector of Police Pudukottai Police Station Thoothukudi District.

Crime No.329/2017.

Respondent Prayer : Petition filed under Section 430 (1) of BNSS to suspend the suspend the sentence imposed on the petitioner by the I Additional District and Sessions Court, Thoothukudi, Thoothukudi District in S.C.No.188 of

2019 by his judgment dated 13.09.2024 and enlarge the petitioner on bail pending disposal of the above criminal appeal. For Petitioner : Mr.S.Muthu Malai Raja 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 I Additional District and Sessions Court, Thoothukudi, Thoothukudi District, vide Judgment dated 13.09.2024 in S.C.No.188 of 2019, 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 Imprisonment 302 IPC Life Imprisonment 203 IPC Two 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/Accused 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 I Additional District and Sessions Court, Thoothukudi, Thoothukudi District.

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 I Additional District and Sessions Court, Thoothukudi, Thoothukudi District.

2.The Inspector of Police Pudukottai Police Station Thoothukudi 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.10586 of 2025 in Crl.A(MD)No.850 of 2025 16.12.2025