High Court · 2025

Crl.M.P.No.19876 of 2025in Crl.A.No.710 of 2023T.V.THAMILSELVI, J.Today, this Criminal Revision Case is listed under the caption, “For Being Mentioned” at the instance of learned counsel for petitioner/accused.2. The learned counsel for petitioner/accused submitted that this Court vide Order dated 0611.2025, allowed Crl.M.P.No.19876 of 2025 in Crl.A.No.710 of 2023. Subsequently, on 11.11.2025, the said Criminal Miscellaneous Petition was listed under the caption, “For Being Mentioned” at the instance of learned counsel for respondent in order to make some modifications in the conditions imposed in Paragraph No.4 of the Order dated 0611.2025 in Crl.M.P.No.19876 of 2025 in Crl.A.No.710 of 2023. This Court vide Order dated 11.11.2025, made some modifications in the conditions imposed in Paragraph No.4 of the Order dated 0611.2025 in Crl.M.P.No.19876 of 2025 in Crl.A.No.710 of 2023. After the said modification, Paragraph No.4 of the Order dated 0611.2025 in Crl.M.P.No.19876 of 2025 in Crl.A.No.710 of 2023 reads as follows:“4. Considering 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 1/5 https://www.mhc.tn.gov.in/judis 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 is directed to deposit a sum of Rs.50,000/- (Rupees fifty thousand only), to the credit of C.C.No.138 of 2021 on the file of Principal Special Court under Ec and NDPS Act, Chennai within a period of four weeks from the date of receipt of a copy of this order.(b) 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 Special Court under Ec and NDPS Act, Chennai. (c) 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.(d) The petitioner shall appear before the Trial Court on every Monday 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.”2.1. It is further submitted by the learned counsel for petitioner that the Trial Court vide Judgment dated 10.05.2023 in C.C.No.138 of 2021, directed the petitioner/accused to pay a fine of Rs.1,70,000/-. Since the fine 2/5 https://www.mhc.tn.gov.in/judis amount imposed by the Trial Court is on the higher side, petitioner/accused is seeking to suspend the sentence of imprisonment as well as the fine amount imposed on him by the Trial Court. Therefore, the learned counsel prayed that the observation made by this Court in Paragraph No.4 of the Order dated 06.11.2025 in Crl.M.P.No.19876 of 2025 in Crl.A.No.710 of 2023 that “substantive sentence of imprisonment alone can be suspended on certain conditions” may be modified.3. Considering the submissions made by the learned counsel for petitioner/accused, this Court is inclined to suspend the sentence of imprisonment as well as the fine amount imposed on the petitioner and to modify the observation that “substantive sentence of imprisonment alone can be suspended on certain conditions” made in Paragraph No.4 of the Order dated 06.11.2025 in Crl.M.P.No.19876 of 2025 in Crl.A.No.710 of 2023. Accordingly, Paragraph No.4 of the Order dated 06.11.2025 in Crl.M.P.No.19876 of 2025 in Crl.A.No.710 of 2023 is modified and reads as follows:“4. Considering 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, 3/5 https://www.mhc.tn.gov.in/judis 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 along with fine amount imposed on the petitioner can be suspended on certain conditions.”4. In all other aspects, Order dated 0611.2025 in Crl.M.P.No.19876 of 2025 in Crl.A.No.710 of 2023 passed by this Court, shall remain unaltered. Registry is directed to issue a fresh order copy to all concerned, after carrying out the aforesaid modification.28.11.2025mrr Index: Yes/NoSpeaking Order (or) Non-Speaking Order4/5 https://www.mhc.tn.gov.in/judis T.V.THAMILSELVI, J.mrrCrl.M.P.No.19876 of 2025in Crl.A.No.710 of 202328.11.20255/5 https://www.mhc.tn.gov.in/judis CRL MP No. 19876 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 06-11-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICRL MP No. 19876 of 2025 in Crl.A.No.710 of 20231. Parama @ ParamasivamS/o. Maari, No.8,Thiruveethi Amman Koil Street, Kalikundram,Tharamani,Chennai-600113.Petitioner(s)Vs1. The Assistant Commissioner of PoliceJ-4, Kotturpuram Police Station, Kotturpuram, Chennai-85.Respondent(s)PRAYERTo suspend the sentence awarded against the petitioner/accused -1 the Judgement passed by the Honble Principal Special Court under Ec and NDPS Act, Chennai in C.C.No.138 of 2021 on 10.05.2023 and enlarge the petitioner on bail, pending disposal of the Criminal Appeal on the file of this Honble Court and to pass any other further order or orders as this Honble Court.For Petitioner(s):K.SivakumarP.BabuJ.Royce JosephFor Respondent(s):Mr.V.Meganathan, Govt AdvocateORDERThis Criminal Miscellaneous Petition has been filed by the petitioner, to suspend the sentence awarded against the petitioner/accused -1 the Judgement passed by the Principal Special Court under Ec and NDPS Act, Chennai in https://www.mhc.tn.gov.in/judis CRL MP No. 19876 of 2025C.C.No.138 of 2021 on 10.05.2023 and enlarge the petitioner on bail, pending disposal of the Criminal Appeal.2. The petitioner herein is the accused in C.C.No.138 of 2021 on the file of the learned Principal Special Court under Ec and NDPS Act, Chennai. He was found guilty of the offence under Section 235(2) of Cr.P.c and sentenced to undergo rigorous imprisonment for 12 years each and to pay a fine of Rs.1,20,000/- each for the offence u/s 8(c) r/w 20(b) (ii) ( c) of the NDPS Act, and in default of payment of fine thereof to undergo further period of 6 months R.I. Further the petitioner is directed to undergo rigorous imprisonment for 5 years and to pay a fine of Rs.50,000/- for the offence U/s 8(c) r/w 20(b)(ii) (B) of the NDPS Act and in default of payment of fine thereof to undergo further period of 6 months R.I. The above sentence is ordered to run concurrently, against which, the present appeal has been filed. 3.The 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. The learned counsel further submits that the petitioner herein is A1 and this court has ordered SOS to the A2. He would submit that the petitioner is ready to abide the condition imposed by this Court. 4. Considering the facts and circumstances of the case coupled with the https://www.mhc.tn.gov.in/judis CRL MP No. 19876 of 2025quantum 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 Special Court under Ec and NDPS Act, Chennai.(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 Sunday 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.5.With the above directions, this Criminal Miscellaneous Petition is https://www.mhc.tn.gov.in/judis CRL MP No. 19876 of 2025ordered.06-11-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NoTo.1. The learned Principal Special Court under Ec and NDPS Act, Chennai2. The Superintendent, Central Prison-I, Puzhal3. The Inspector of Police, J-4 Kotturpuram, Chennai – 85.4. . The Public Prosecutor, High Court, Madras https://www.mhc.tn.gov.in/judis CRL MP No. 19876 of 2025T.V.THAMILSELVI, J.smnCRL MP No. 19876 of 2025 in Crl.A.No.710 of 2023 06-11-2025