Muthuselvam v. State Of Tamilnadu Rep By Inspector Of Police, Kurumbur

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA Muthuselvam ... Petitioner/Accused No.2 Vs.

State through the The Inspector of Police, Kurumbur Police Station, Thoothukudi District.

Crime No.98 of 2022.

... Respondent/Complainant PRAYER: Petition filed under Section 430(1) of BNSS, to suspend the sentence imposed on the appellant/accused No.2 namely, Muthuselvam by the learned I Additional District and Sessions Judge, Thoothukudi, in S.C.No.307 of 2022 dated 14.10.2024 and enlarge the appellant on bail.

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For Petitioner : Mr.M.Chandra Sekaran 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 I Additional District and Sessions Judge, Thoothukudi, vide Judgment dated 14.10.2024 in S.C.No.307 of 2022, the petitioner has filed this Criminal Miscellaneous Petition.

2. The petitioner stands convicted and sentenced as under: Section of Law Sentence of imprisonment Fine amount 302 r/w 34 of IPC Life Imprisonment Rs.5,000/- i/d to undergo one month Simple Imprisonment 120(b)(1) of IPC Life Imprisonment Rs.5,000/- i/d to undergo one month Simple Imprisonment 2/6

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

4. Considering the prima facie case made out by the petitioner and that there are several arguable points and also considering the fact that the appeal is of the year 2024 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 I Additional District and Sessions Judge, Thoothukudi.

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 month till the disposal of the Criminal Appeal. [G.K.I.J.,] & [R.P.J.,] 15.12.2025 Index :Yes / No : Yes / No bala 4/6

To

1. The I Additional District and Sessions Judge, Thoothukudi.

2.The Inspector of Police, Kurumbur Police Station, Thoothukudi 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.

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