Balakrishnan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2026

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CRL.MP(MD) No. 17736 of 2025 in Crl.A(MD)No.1236 of 2025 Balakrishnan .......

Petitioner Vs.

State rep. by

1. The Inspector of Police Karivalamvanthanallur Police Station Tenkasi District (Crime No.216 of 2014)

2. Moorthy ...... Respondent Prayer : Petition filed under Section 430(1) of BNSS to suspend the sentence made in S.C.No.228 of 2025 dated 19.08.2025 on the fie of the Principal District and Sessions Court, Tenkasi and enlarge the petitioner on bail.

For Petitioner : Mr.S.Ayyanar Premkumar 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 Court, Tenkasi , vide Judgment dated 19.08.2025 in S.C.No.228 of 2025 ,the present Criminal Miscellaneous Petition has been filed.

2. The petitioner stands convicted and sentenced as under: Section of Law Sentence of imprisonment Fine amoun Rs.10,000/- i/d to undergo six months simple imprisonment 302 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, 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 Sessions Judge, Tenkasi 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.] 04.02.2026 NCC : Yes / No Index : Yes / No aav

Copy to

1. The Principal District and Sessions Court, Tenkasi

2. The Superintendent Central Prison, Palayamkottai 3.The Inspector of Police Karivalamvanthanallur Police Station Tenkasi District 4.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.