Nandhini v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.12.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CRL.MP(MD) No. 11068 of 2025 in Crl.A(MD)No.273 of 2025 Nandhini .......

Petitioner Vs.

State rep. by The Inspector of Police Cumbum South Police Station Theni District (Crime No.74 of 2024) ...... Respondent Prayer : Petition filed under Section 430(1)BNSS to suspend the sentence imposed against the petitioner in S.C.No.88 of 2024 on the file of the Principal District and Sessions Court, Theni dated 20.01.2025 and release the petitioner on bail till the disposal of the appeal. For Petitioner : Dr.R.Alagumani 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.] Seeking to suspend the sentence imposed on the petitioner by the Principal District and Sessions Court, Theni, vide Judgment dated 20.01.2025 in S.C.No.88 of 2024, the present Criminal Miscellaneous Petition has been filed.

2. The petitioner stands convicted and sentenced as under: Section of Law Sentence of imprisonment Fine amount 294(b) of IPC One month simple imprisonment - Rs.5000/- i/d to undergo six month rigorous imprisonment 114 r/w.302 of IPC Life Imprisonment Rs.5000/- i/d to undergo six month rigorous imprisonment 302r/w.34 of 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 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 Principal District and Sessions 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 at 10.30 a.m., on the first working day of every English calender month, till the disposal of the Criminal Appeal. [G.K.I., J.] & [R.P., J.] 04.12.2025 NCC : Yes / No Index : Yes / No aav Copy to

1. The Principal District and Sessions Court, Theni,

2. The Special Prison for Women, Madurai 3.The Inspector of Police Cumbum South Police Station Theni District 4.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

G.K.ILANTHIRAIYAN , J.

AND R.POORNIMA, J .

aav CRL.MP(MD) No.11068 of 2025 in Crl.A(MD)No.273 of 2025 04.12.2025