Iruthaya Anthony Sirl v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.02.2026

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CRL.MP(MD) No.588 of 2026 in Crl.A(MD)No.43 of 2026 Iruthaya Anthony Sirl ....... Petitioner Vs.

State of Tamil Nadu rep. by The Inspector of Police Tiruchendur Police Station, Thoothukudi District.

In Crime No.266 of 2014.

...... Respondent Prayer : Petition filed under Section 430 of BNSS to suspend the sentence in S.C.No.164 of 2019, dated 13.06.2025, on the file of the I Additional District and Sessions Court, Thoothukudi and enlarge the petitioner on bail pending disposal of the above Criminal Appeal.

For Petitioner : Mr.C.Mayil Vahana Rajendran For Respondent : Mr.R..Anbunithi 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 I Additional District and Sessions Court, Thoothukudi, vide Judgment dated 13.06.2025 in S.C.No.164 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.10,000/- i/d to undergo three months simple imprisonment 302 r/w 34 of IPC Life Imprisonment 201 of IPC Seven years Rigorous Imprisonment Rs.5,000/- i/d to undergo three 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 2026 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 Judicial Magistrate, Tiruchendur.

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.] 24.02.2026 NCC : Yes / No Index : Yes / No am Copy to 1.The I Additional District and Sessions Court, Thoothukudi.

2.The Judicial Magistrate, Tiruchendur.

3.The Inspector of Police Tiruchendur Police Station, Thoothukudi 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.588 of 2026 in Crl.A(MD)No.43 of 2026 24.02.2026