Pushparaj v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2026

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA in Crl.A(MD)No.919 of 2025 Pushparaj ... Petitioner/Appellant Vs.

State represented by, The Inspector of Police, Arumanai Police Station, Kanyakumari District.

(Crime No.533 of 2012) ... Respondent/Respondent PRAYER: Petition filed under Section 430(1) of BNSS, under Section 389 of Cr.P.C. to suspend the sentence imposed in Spl.S.C.No.169 of 2013 dated 23.04.2025 on the file of the Additional District and Sessions Court, Kuzhithurai and enlarge the petitioner on bail, pending disposal of the above Criminal Appeal. 1/6

For Petitioner : Mr.M.Subash Babu Senior Counsel for Mr.C.Susikumar For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

(Order of the Court was made by G.K.ILANTHIRAIYAN, J.) Seeking suspension of the sentence imposed on the petitioner by the learned Additional District and Sessions Judge, Kuzhithurai vide Judgment dated 23.04.2025 in Spl.S.C.No.169 of 2013, 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 six months year Simple Imprisonment 450 of IPC To undergo Seven years Rigorous Imprisonment Rs.5,000/- i/d to undergo one year Rigorous Imprisonment 302 of I.P.C To undergo Life Imprisonment 2/6

3. Heard the learned counsel on either side and perused the materials available on record.

4. Considering the period of incarceration undergone by the petitioner and that there are several arguable points and the fact that the appeal is of the year 2025 and the likelihood of the appeal being taken up for final hearing in the near future is also not possible, 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) 3/6

with two sureties, each for a like sum to the satisfaction of the learned Additional District and Sessions Judge, Kuzhithurai. 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.,] 09.01.2026 Index :Yes/No Internet :Yes ps 4/6

To 1.The Additional District and Sessions Court, Kuzhithurai.

2.The Central Prison, Palayamkottai.

3.The Inspector of Police, Arumanai Police Station, Kanyakumari District.

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

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G.K.ILANTHIRAIYAN, J.

AND R.POORNIMA, J.

ps in Crl.A(MD)No.919 of 2025 09.01.2026 6/6