Vijayakumar v. State of Tamilnadu Rep by Inspector of Police, Watrap

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 Additional District and Sessions Court, Virudhunagar District at Srivilliputhur, vide Judgment dated 11.08.2025 in S.C.No.143 of 2018, the present Criminal Miscellaneous Petition has been filed

¶2The petitioner stands convicted and sentenced as under: Section of Law Sentence of imprisonment Fine amoun 120(b) of IPC Life Imprisonment Rs.10,000/- i/d to undergo one

year

rigorous Imprisonment 364 of IPC Seven years rigorous imprisonment Rs.8,000/- i/d to undergo one

year

rigorous Imprisonment 302 of IPC Life Imprisonment Rs.10,000/- i/d to undergo one

year

Simple Imprisonment

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

¶4Considering 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, hence we are of the opinion that it is a fit case for grant of suspension of sentence to the petitioner.

¶5Accordingly, 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 No.I, Srivilliputhur 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.]

29.01.2026 NCC : Yes / No Index : Yes / No aav Copy to

1.The Inspector of Police Watrap Police Station, Virudhunagar District

2.The Additional District and Sessions Court, Virudhunagar District at Srivilliputhur

¶3The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai. G.K.ILANTHIRAIYANo,oJ. AND oR.POORNIMA,oJoo. aav CRL.MP(MD)oNo.1799oofo2026 in Crl.A(MD)No.1080oofo2025

29.01.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.01.2026 CORAM THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CRL.MP(MD) No.1799 of 2026 in Crl.A(MD)No.1080 of 2025 Vijayakumar ....... Petitioner Vs. State rep. by The Inspector of Police Watrap Police Station, Virudhunagar District Cr.No.37 of 2018 ...... Respondent Prayer : Petition filed under Section 430 of BNSS to suspend the sentence imposed in judgment dated 11.08.2025 made in S.C.No.143 of 2018 on the file of the Additional District and Sessions Court, Virudhunagar District at Srivilliputhur and enlarge the petitioner on bail. For Petitioner : Mr.C.Mayilvahana Rajendran For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor