Chinnasamy v. State of Tamilnadu Rep by Inspector of Police, Devakottai Taluk

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 Mahila Fast Track Court, Sivagangai, vide Judgment dated 28.08.2025 in S.C.No.40 of 2011 ,the present Criminal Miscellaneous Petition has been filed.

¶2The petitioner stands convicted and sentenced as under: Section of Law Sentence of imprisonment Fine amount 396 of IPC Life Imprisonment Rs.1000/- i/d to undergo three months rigorous imprisonment 302 and 149 of IPC Life Imprisonment Rs.1000/- i/d to undergo three months rigorous 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, 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 Mahila Fast Track Court, Sivagangai 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.]

21.01.2026 NCC : Yes / No Index : Yes / No aav Copy to

¶1The Mahila Fast Track Court, Sivagangai

¶2The Superintendent Central Prison, Madurai

3.The Inspector of Police Devakottai Police Station, Sivagangai District

4.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai. G.K.ILANTHIRAIYANo,oJ. AND oR.POORNIMA,oJoo. aav CRL.MP(MD)oNo.19011oofo2025 in Crl.A(MD)No.1298oofo2025

21.01.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :21.01.2026 CORAM THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CRL.MP(MD) No. 19011 of 2025 in Crl.A(MD)No.1298 of 2025 Chinnasamy ....... Petitioner Vs. State rep. by The Inspector of Police Devakottai Police Station, Sivagangai District (Crime No.326 of 2010) ...... Respondent Prayer : Petition filed under Section 430(1) of BNSS to suspend the sentence imposed by the Mahila Fast Track Court, Sivagangai in S.C.No. 40 of 2011 dated 28.08.2025 pending disposal of the above criminal appeal. For Petitioner : Mr.B.Jameel arasu for Mr.J.Vishnu For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor