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 learned Sessions Judge, Mahila Fast Track Court, Sivagangai, vide Judgment dated 28.08.2025 in S.C.No.40 of 2011, he has filed this Criminal Miscellaneous Petition.

¶2The petitioner stands convicted and sentenced as under: Section of Law Sentence of imprisonment Fine amoun 396 of IPC Life Imprisonment Rs.1,000/- i/d to undergo three months Rigorous Imprisonment 302 r/w 149 IPC Life Imprisonment Rs.1,000/- i/d to undergo three months Rigorous Imprisonment

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

¶4There are totally seven accused in this case. The petitioner is the seventh accused. Even according to the prosecution, the finger prints are matching only with A2 and A3 and recovery also made from A1 to A3. On the basis of the co-accused's confession statement the petitioner has been implicated as an accused. As far as the petitioner is concerned there is no finger print found in the scene of occurrence and also the confession statement of the co-accused did not lead to any recovery from this petitioner. The trial Court convicted the appellant only on the basis of the co-accused's confession statement. In view of the above and also considering 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.

¶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 Sessions Judge, 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 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.]

04.02.2026 NCC : Yes / No Index : Yes / No TM Copy to

1.The Sessions Judge, Mahila Fast Track Court, Sivagangai.

2.The Inspector of Police Devakottai Taluk Police Station, Sivagangai District.

¶3The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai. G.K.ILANTHIRAIYANo,oJ. AND oR.POORNIMA,oJoo. TM CRL.MP(MD)oNo.19558oofo2025 in Crl.A(MD)No.1330oofo2025

04.02.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2026 CORAM THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CRL.MP(MD) No.19558 of 2025 in Crl.A(MD)No.1330 of 2025 Chinnasamy ....... Petitioner Vs. State rep. by The Inspector of Police Devakottai Taluk Police Station, Sivagangai District. In Crime No.326 of 2010. ...... Respondent Prayer : Petition filed under Section 430(i) of BNSS to suspend the sentence in S.C.No.40 of 2011, dated 28.08.2025, on the file of the Mahila Fast Track Court, Sivagangai, pending disposal of the above Criminal Appeal. For Petitioner : Mr.G.M.Xavier For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor