Crl.OP(MD) No.13349 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2026 CORAM THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Crl.OP.(MD)No.13349 of 2026 Kartheeswari ... Petitioner Vs The State of Tamilnadu Rep By the Inspector of Police, Sivakasi Town Police Station, Virudhunagar District. (Crime No.430 of 2019). ... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to call for the records and set aside the order passed by the Court of the Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur in Crl.M.P.No.1754 of 2026 in Crl.Appeal No.207 of 2026 on 23.06.2026. For Petitioner : Mr.M.Jothi Basu For Respondent : Mr.B.Arun Government Advocate (Crl.Side) 1/5 https://www.mhc.tn.gov.in/judis Crl.OP(MD) No.13349 of 2026 ORDER The present petition has been filed by the A1/appellant in Criminal Appeal No.207 of 2026 on the file of the Principal District and Sessions Court, Virudhunagar District at Srivilliputhur, challenging the condition imposed by the first Appellate Court directing the petitioner to deposit a sum of Rs. 5,87,000/- as a condition precedent for suspension of sentence. 2.According to the learned counsel appearing for the petitioner, the petitioner is not able to mobilise the funds and they are in poor circumstances and considering the same, the said condition imposed by the first Appellate Court may be relaxed and the petitioner may be permitted to execute a bond for a sum of Rs.5,87,000/-. 3.Heard the learned counsel appearing for the petitioner and perused the materials on record. 4.As could be seen from the records, the petitioner is said to have borrowed the jewels from the third parties and mortgaged the same and misappropriated the amount. The trial Court has chosen to impose 2/5 https://www.mhc.tn.gov.in/judis Crl.OP(MD) No.13349 of 2026 compensation of Rs.4,87,000/- and an additional cost of Rs.1,00,000/- has also been imposed. When the petitioner had challenged the conviction and sentence before the first Appellate Court, as a condition precedent for suspension of sentence, the first Appellate Court has imposed a condition to the petitioner herein to deposit the entire amount of Rs.5,87,000/-. 5.Considering the fact that the petitioner is a lady and considering the financial condition, there shall be a direction to the petitioner to deposit a sum of Rs.1,50,000/- (Rupees One lakh Fifty Thousand only) as a condition precedent for suspension of sentence. In other aspects, the order of the trial Court in Crl.M.P.No.1754 of 2026 in Crl.A.No.207 of 2026 stands confirmed. 6.In the above terms, this Criminal Original Petition is allowed 06.07.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No PNM 3/5 https://www.mhc.tn.gov.in/judis Crl.OP(MD) No.13349 of 2026 To 1. The Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur 2.The Inspector of Police, Sivakasi Town Police Station, Virudhunagar District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5 https://www.mhc.tn.gov.in/judis Crl.OP(MD) No.13349 of 2026 R.VIJAYAKUMAR , J. PNM ORDER MADE IN Crl.OP.(MD)No.13349 of 2026 06.07.2026 5/5 https://www.mhc.tn.gov.in/judis