Madras High Court
R.Subramaniyan @ Kuttamani vs The State Of Tamilnadu Rep By The … on 10 July, 2026
Author: B.Pugalendhi
Bench: B.Pugalendhi
CRL MP(MD). No.11404 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 10.07.2026
CORAM
THE HONOURABLE MR. JUSTICE B.PUGALENDHI
CRL MP(MD). No.11404 of 2026
and
CRL A(MD).No.688 of 2026
R.Subramaniyan @ Kuttamani
... Petitioner/Appellant/Accused No.2
Vs
The State of Tamilnadu
Rep by the Inspector of Police,
S.S. Colony Police Station,
Madurai.
(Crime No.329/2023). ... Respondent/Complainant
PRAYER :-
Civil Miscellaneous Petition is filed under Section 389(1) of
Cr.P.C./430 of BNSS, to suspend the sentence of imprisonment imposed
by the Learned Principal Special Judge for EC and NDPS Act Cases,
Madurai in C.C.No.1016/2023 dated 27.02.2025 on the file of the
Inspector of Police, S.S. Colony Police Station, Madurai District.
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CRL MP(MD). No.11404 of 2026
For Petitioner : Mr.K.Jayaseelan,
Advocate.
For Respondent : Mr.A.Robinson
Government Advocate (Crl.Side)
ORDER
The petitioner is the second accused in C.C.No.1016 of 2023 on the
file of the Principal Special Judge for EC and NDPS Act Cases, Madurai.
He was tried along with five other accused for the offences punishable
under Section 8(c) r/w. 20(b)(ii)(C), 25 and 29(1) of NDPS Act. After the
trial, the trial Court, by its Judgment dated 27.02.2025, found the
petitioner, along with accused Nos.1, 3 and 4, guilty, convicted and
sentenced each of them to undergo ten years rigorous imprisonment and
to pay a fine of Rs.1,00,000/-, in default, to undergo six months simple
imprisonment, for the offence under Section 8(c) r/w. 20(b)(ii)(c) of
NDPS Act and acquitted them from the charges under Sections 248(1) of
Cr.P.C., of the offence punishable under Sections 25 and 29(1) of the
NDPS Act.
2.Challenging the Judgment of conviction and sentence, the first
accused, Arunpandian, has filed a separate appeal before this Court in
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CRL MP(MD). No.11404 of 2026
Crl.A(MD)No.486 of 2026, and this petitioner has filed Crl.A(MD)No.
688 of 2026. Accused No.3, Muthukumar filed an appeal before this
Court in Crl.A(MD)No.1185 of 2025, and Accused No.4, Manikandan
has filed an appeal in Crl.A.(MD)No.415 of 2025. The appeals preferred
by the accused Nos.1 to 4 were admitted by this Court, and the same are
pending. Pending the appeal, the petitioner has now filed this application
seeking suspension of sentence.
3.The learned counsel for the petitioner submits that the petitioner
is similarly placed to the accused Nos.1, 3 and 4. He was convicted along
with them by the common judgment dated 27.02.2025. All the other
co-accused have been granted bail by this Court by suspending the
sentence imposed by the trial Court. Therefore, the learned counsel
submits that the application filed by the second accused may be
considered for grant of bail by suspending the sentence.
4.It appears that this Court has considered the grant of bail to the
first accused in Crl.M.P(MD)No.8826 of 2026 in Crl.A(MD)No.486 of
2026, by order dated 22.06.2026. Similarly, the third accused was
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CRL MP(MD). No.11404 of 2026
granted bail in Crl.M.P(MD)No.8213 of 2026 in Crl.A.(MD)No.1185 of
2025, by order dated 30.04.2026. Accused No.4 was granted bail in
Crl.M.P(MD)No.7121 of 2025 in Crl.A(MD)No.415 of 2025, by order
dated 06.03.2025. Since the petitioner is also similarly placed to the other
accused, this Court is inclined to suspend the sentence imposed against
the petitioner.
5.The learned Government Advocate (Crl. side) opposes the grant
of bail that, apart from this case, the petitioner is also involved in four
other cases, out of which two cases are under the NDPS Act. The details
of the previous cases registered against the petitioner are furnished as
under:
1.Madurai District Othakadai Police Station –
Crime No.07 of 2017 u/s 353 IPC and 4(1)(aaa) of TNP
Act charged (NTF)
2.Madurai District Othakadai Police Station –
Crime No.648/2021 u/s 294(b), 307, 323, 324 of IPC
and Section 4 of TNPWH Act-Under Investigation,
charge sheet not filed.
3.Madurai District Othakadai Police Station –
Crime No.343/2022 u/s 20(b)(ii), 8(C) of NDPS – CC
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CRL MP(MD). No.11404 of 2026
No.205/24, Next hearing 10.07.2026, Service pending.
4.Madurai District Othakadai Police Station –
Crime No.16/23 u/s 8(c), 20(b)(ii)(B) of NDPS Act and
77 of the JJ Act, 2015, C.C.No.739 of 2023, Next
hearing 10.07.2026, A2 NBW pending.
6.Since this Court has already granted bail to the co-accused by
suspending the sentence made by the trial Court in C.C.No.1016 of 2023,
this Court is inclined to suspending the sentence imposed as against the
petitioner/A2, however with certain conditions.
7.Accordingly, the substantive sentence of imprisonment alone is
suspended pending disposal of the criminal appeal and the petitioner is
ordered to be enlarged on bail on the following conditions:
(i) The petitioner shall execute a bond for
Rs.1,00,000/- (Rupees one Lakh only) with two sureties
each for a like sum to the satisfaction of the learned
Principal Special District Court for NDPS Act Cases,
Madurai. The sureties must be Government servants.
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CRL MP(MD). No.11404 of 2026
(ii) The petitioner and the sureties shall filed an
affidavit before the respondent police that the petitioner will
not misuse this liberty and will not indulge in any further
offence. He will be available during this appeal proceedings.
(iii) The petitioner shall report before the respondent
police daily at 10.30 a.m.
(iv) If the petitioner changes his residence, the same
shall be informed to the respondent police immediately with
correct address.
(v) If the petitioner violates any of the conditions, the
respondent police shall move an application to cancel the
order of suspension of sentence of imprisonment.
10.07.2026
sji
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CRL MP(MD). No.11404 of 2026
TO
1.The Principal Special Judge for EC and NDPS Act Cases, Madurai.
2.The Inspector of Police,
S.S. Colony Police Station,
Madurai.
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CRL MP(MD). No.11404 of 2026
B.PUGALENDHI, J.
sji
ORDER
IN
CRL MP(MD) No.11404 of 2026
and
CRL A(MD).No.688 of 2026
Date : 10/07/2026
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