Nagan v. State Represented by the Inspector of Police

ORDER The petitioner has filed this petition to suspend the sentence of imprisonment against the petitioner, imposed vide judgment dated 27.10.2025 in S.C.No.197 of 2015, on the file of Principal Sessions Judge, Tiruvallur, till the disposal of this appeal.

¶2The accused was found guilty of the offence under section 324, 352 IPC r/w 34 IPC, 506(ii) IPC and Section 3 of Tamil Nadu Property (Prevention of Damage and Loss) Act r/w 34 IPC. He has been convicted and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.5,000/- in default, to undergo 6 months simple imprisonment for the offence under Section 324 IPC r/w 34 IPC. The accused are sentenced to undergo rigorous imprisonment for 3 months for the offence under Section 352 IPC r/w 34 IPC. The accused are sentenced to undergo rigorous imprisonment for one year for the offence under Section 506(ii) IPC. The accused is sentenced to undergo rigorous imprisonment for 3 years and to pay a fine of Rs.5,000-in default, to undergo 3 months simple imprisonment for the offence under Section 3 of TNPAct r/w 34 IPC, against which the present appeal has been filed.

¶3The learned counsel for the petitioner/accused would submit that there are arguable points available in the Criminal appeal and the petitioner/accused has got a fair chance of succeeding in the Criminal appeal and hence, the substantive sentence imposed against the petitioner/accused may be suspended. He would submit that the petitioner is ready to abide the condition imposed by this Court.

¶4Considering the facts and circumstances of the case coupled with the quantum of punishment imposed upon the petitioner, also by considering the submissions of the learned counsel for the petitioner, further this Criminal appeal is not likely to be taken for final hearing in the near future, this Court is of the view that the substantive sentence of imprisonment alone can be suspended on certain conditions. Accordingly, till the disposal of the Criminal appeal, the reliefs of suspension of sentence and bail are granted on the following conditions:

(a) the petitioner/accused is ordered to be released on bail, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, in which one surety must be a blood related surety, each for a like sum to the satisfaction of the learned Principal Sessions Judge, Tiruvallur.

(b) The petitioner/accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the Magistrate may obtain a copy of their Aadhaar Cards or Bank Pass Books to ensure their identities.

(c) The petitioner shall appear before the Trial Court on every Saturday at 10.30 a.m., until the disposal of the Criminal Appeal and if he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 355 of BNSS, 2023, and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court.

¶5With the above directions, this Criminal Miscellaneous Petition is ordered. 28-11-2025 rri Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1.State Represented by The Inspector of Police Minjur Circle (E-5 Kattur Police Station) Crime No. 95/2013.

2.The Principal Sessions Judge, Tiruvallur.

3.The Public Prosecutor, High Court of Madras, Chennai. CRLeMPeNo.e23067eofe2025 T.V.THAMILSELVIoJ. rri CRLoMPoNo.o23067oofo 2025 INoCRLoAoNO.o1866oOFo 2025 28-11-2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-11-2025 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI IN CRL A NO. 1866 OF 2025 NAGAN S/o.Jayaraman, Kattur Village, Ponneri Taluk, Tiruvallur District, Tamilnadu Petitioner(s) Vs State Represented by The Inspector of Police Minjur Circle (E-5 Kattur Police Station) Crime No. 95/2013. Respondent(s) For Petitioner(s): V.J.Arulraj K.Backiaraj For Respondent(s): Mr.V.Meganathan Government Advocate (Crl.Side)