Balaji v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.12.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CRL.MP(MD) No.12706 of 2024 in Crl.A(MD)No.1024 of 2024 Balaji ...... Petitioner Vs.

The State of Tamil Nadu Rep. by the Inspector of Police Thideernagar Police Station (L & O) Madurai, (Crime No.1957 of 2010) Avaniapuram Police Station (L & O) Madurai, Crime No.2135 of 2010.

...... Respondent Prayer : Petition filed under Section 430 of BNSS to suspend the sentence in S.C.No.501 of 2019, dated 02.07.2024, on the file of the Principal District and Sessions Judge, Madurai.

For Petitioner : Mr.S.Arokiya Selva Ramesh 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 Principal District and Sessions Judge, Madurai, vide Judgment dated 02.07.2024 in S.C.No.501 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 amoun Rs.6,000/- i/d to undergo one year Simple imprisonment 120(b) r/w 302 IPC Life Imprisonment Rs.6,000/- i/d to undergo 6 months Simple Imprisonment 364 IPC r/w 34 Ten years Rigorous Imprisonment 302 IPC Life Imprisonment Rs.6,000/- i/d to undergo one year Simple Imprisonment 404 IPC Three years Rigorous Imprisonment Rs.6,000/- i/d to undergo 3 months simple 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 2024 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 Principal District and Sessions Judge, Madurai. 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.] 03.12.2025 NCC : Yes / No Index : Yes / No am

Copy to 1.The Principal District and Sessions Judge, Madurai.

2.The Inspector of Police Thideer Nagar Police Station (L & O) Madurai, (Crime No.1957 of 2010) Avaniapuram Police Station (L & O) Madurai, Crime No.2135 of 2010.

3.The Inspector of Police Rajapalayam South Police Station, Virudhunagar District.

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

G.K.ILANTHIRAIYAN , J.

AND R.POORNIMA, J .

am CRL.MP(MD) No.12706 of 2024 in Crl.A(MD)No.1024 of 2024 03.12.2025