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Madras High CourtCRL MP(MD)/14052/2025allowed

Chinnathambi v. The State Of Tamil Nadu

2025-12-12Honourable Mr Justice G.K. Ilanthiraiyan,Honourable Ms.Justice R. Poornima6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA in Crl.A(MD)No.1085 of 2025 Chinnathambi ... Petitioner/Appellant/ Sole Accused Vs.

State of Tamil Nadu, Represented by, The Inspector of Police, Silaiman Police Station, Madurai District.

(Crime No.269 of 2015).

... Respondent/Respondent/ Complainant PRAYER: Petition filed under Section 430(1) of BNSS, under Section 389(1) of Cr.P.C. to suspend the execution of sentence by granting bail in S.C.No.515 of 2018, dated 20.08.2025 on the file of the learned VI Additional District and Sessions Judge, Madurai District pending disposal of the above Criminal Appeal. 1/6

For Petitioner : Mr.K.Prabhu For Respondent : Mr.R.Meenakshi Sundaram 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 VI Additional District and Sessions Judge, Madurai District, vide Judgment dated 20.08.2025 in S.C.No.515 of 2018, 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 six months Simple Imprisonment 302 of IPC To undergo Life Imprisonment

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

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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) with two sureties, each for a like sum to the satisfaction of the learned VI Additional District and Sessions Judge, Madurai District.

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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.,] 12.12.2025 Index :Yes/No Internet :Yes ps 4/6

To 1.The VI Additional District and Sessions Judge, Madurai District.

2.The Inspector of Police, Silaiman Police Station, Madurai District.

3.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.1085 of 2025 12.12.2025 6/6