Nishanth @ Perumal v. State of Tamilnadu Rep by Inspector of Police, Rayappanpatti

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 learned Principal Sessions Judge, Theni, vide Judgment dated

30.08.2024 in S.C.No.123 of 2017, he has filed this Criminal Miscellaneous Petition.

¶2The petitioner stands convicted and sentenced as under: Section of Law Sentence of imprisonment Fine amoun 302 of IPC Life Imprisonment Rs.5,000/- i/d to undergo three months Simple Imprisonment 201 r/w 302 of IPC Three years Rigorous Imprisonment Rs.5,000/- i/d to undergo three months 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, Uthamapalayam. 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.]

20.01.2026 NCC : Yes / No Index : Yes / No am Copy to

1.The Principal Sessions Judge, Theni

2.The Inspector of Police Royappanpatti Police Station, Theni District.

3.The Judicial Magistrate, Uthamapalayam.

¶4The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai. G.K.ILANTHIRAIYANo,oJ. AND oR.POORNIMA,oJoo. am CRL.MP(MD)oNo.14687oofo2025 in Crl.A(MD)No.905oofo2025

20.01.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2026 CORAM THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CRL.MP(MD) No.14687 of 2025 in Crl.A(MD)No.905 of 2025 Nishanth @ Perumal ....... Petitioner Vs. State rep. by The Inspector of Police Royappanpatti Police Station, Theni District. In Crime No.126 of 2024. ...... Respondent Prayer : Petition filed under Section 430 of BNSS to suspend the sentence imposed on the appellant in S.C.No.113 of 2024, dated 18.07.2025, on the file of the learned Principal Sessions Judge, Theni and enlarge him on bail pending disposal of the above Criminal Appeal. For Petitioner : Mr.K.Samidurai For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor