High CourtsDivision Bench(2026) 01 MAD CK 1781

Kayambu vs State

Madras High Court, Madurai Bench · Decided on 12 January 2026

HON’BLE JUDGES
G.K.Ilanthiraiyan, J · R. Poornima, J
CASE NUMBER
Criminal Miscellaneous Petition (MD) No. 463 Of 2026 In Criminal Appeal (MD) No.1031 Of 2026

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Judgment

18 paragraphs · 292 words

G.K.Ilanthiraiyan, J

1.

Seeking to suspend the sentence imposed on the petitioner by the learned Sessions Judge, Magalir 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.

2.

The 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 month simple imprisonment

302 r/w.149 of IPC

Life Imprisonment

Rs.1,000/- i/d to undergo three month 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 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 learned Judicial Magistrate, Devakottai

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.