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Madras High CourtCRL MP(MD)/1121/2026allowed

Kannan v. The State Of Tamilnadu, Rep. By The Deputy Superintendent Of Police,

2026-02-18Honourable Mr Justice G.K. Ilanthiraiyan,Honourable Ms.Justice R. Poornima7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.02.2026

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA in Crl.A(MD)No.82 of 2026 Kannan ... Petitioner/Appellant Vs.

1. The State represented by, The Deputy Superintendent of Police Samayanallur Division Madurai District.

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

(Crime No.242 of 2022) 3.Karnan ... Respondents/Respondents PRAYER: Petition filed under Section 430(1) of BNSS, under Section 389 of Cr.P.C. to suspend the sentence passed by the learned III Additional District and Sessions Court (PCR), Madurai in 1/7

Spl.S.C.No.114 of 2022 dated 04.10.2024 and enlarge the petitioner/appellant/accused No.3 on bail pending disposal of above criminal appeal.

For Petitioner : Mr.J.M.Aravind Pawnraj For R1 & R2 : Mr.R.Meenaksh Sundaram Additional Public Prosecutor For R3 : Mr.R.Alagumani

ORDER

(Order of the Court was made by G.K.ILANTHIRAIYAN, J.) Seeking suspension of the sentence imposed on the petitioner by the learned III Additional District and Sessions Court (PCR), Madurai, vide Judgment dated 04.10.2024 in Spl.S.C.No.144 of 2022, he has filed this Criminal Miscellaneous Petition. 2/7

2. The petitioner stands convicted and sentenced as under: Section of Law Sentence of imprisonment Fine amount Rs.2,000/- i/d to undergo one year Simple Imprisonment 120 (B) r/w 302 of IPC To undergo life imprisonment Rs.1,000/- i/d to undergo six month Simple Imprisonment 148 of I.P.C To undergo two years rigorous imprisonment Rs.2,000/- i/d to undergo six month Simple Imprisonment 3(2)(va) SC/ST Act To undergo five years rigorous imprisonment Rs.1,000/- i/d to undergo six month Simple Imprisonment 149 of I.P.C To undergo two years rigorous imprisonment

3. Mr.R.Alagumani, learned counsel undertakes to file vakalat for the third respondent. Heard the learned counsel on either side and perused the materials available on record. 3/7

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 2026 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 III Additional District and Sessions Court (PCR), Madurai.

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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.,] 18.02.2026 Index :Yes/No Internet :Yes apd 5/7

To 1.The III Additional District and Sessions Court (PCR), Madurai.

2.The Central Prison, Madurai.

3.The Deputy Superintendent of Police Samayanallur Division Madurai District.

4.The Inspector of Police, Arumanai Police Station, Kanyakumari District.

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

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G.K.ILANTHIRAIYAN, J.

AND R.POORNIMA, J.

apd in Crl.A(MD)No.82 of 2026 18.02.2026 7/7