Crl.M.P.(MD)No.13360 of 2026 in Crl.A.(MD)No.782 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.07.2026 CORAM THE HONOURABLE MR JUSTICE B.PUGALENDHI Crl.M.P.(MD)No.13360 of 2026 in Crl.A.(MD)No.782 of 2026 Manikandan ... Petitioner versus The State of Tamil Nadu, Rep. by the Inspector of Police, Gudalur Nort Police Station, Theni District. [Crime No.222 of 2016] ... Respondent Petition filed under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to suspend the sentence of imprisonment imposed by the District and Sessions Court for Communal Clash Cases, Madurai in CC.No.109 of 2018 by judgment dated 09.01.2026 and enlarge the petitioner / appellant on bail, pending disposal of the above said criminal appeal. For Petitioner : Mr.S.Balaji For Respondent : Mr.A.Robinson Government Advocate 1/6 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.13360 of 2026 in Crl.A.(MD)No.782 of 2026 ORDER The petitioner is accused No.3 in C.C.No.109 of 2018 on the file of the District and Sessions Court for Communal Clash Cases, Madurai. The petitioner was prosecuted along with accused Nos.1 and 2. The trial Court, by its judgment dated 09.01.2026, found the petitioner guilty, sentenced and convicted him to undergo 10 years imprisonment and to pay a fine of Rs.1,00,000/- in default to undergo 3 years simple imprisonment for the offence under Section 8(c) r/w 20(b)(ii)(B) of the NDPS Act. Challenging the judgment of conviction and sentence, the petitioner has filed an appeal before this Court in Crl.A(MD)No.782 of 2026 and the same was admitted by this Court on 08.07.2026. Along with the appeal, the petitioner has filed this petition to suspend the sentence imposed by the trial Court. 2.The learned counsel appearing for the petitioner submits that the quantity involved in this case is only 5 kgs. Further the mandatory provisions under Sections 42 and 50 of the NDPS Act are not complied with. The alleged consent letter relied on by the prosecution is a printed form, where in the blank spaces, the particulars of the petitioner are filled. However, the same does not contain the signature of the petitioner. He further submits that there is no 2/6 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.13360 of 2026 in Crl.A.(MD)No.782 of 2026 independent witness and the entire case is solely based on the police witnesses. There are several contradictions among the prosecution witnesses and there is an unexplained delay in sending the samples for analysis, which itself creates doubt on the very case of the prosecution. The petitioner is in jail from 11.06.2026. 3.The learned Government Advocate opposes this petition that the trial court has considered the grounds raised by the petitioner. He further submits that the petitioner has not involved in any other case. 4. This Court considered the rival submissions made. 5.The quantity of ganja involved in this case is 5kgs.The Criminal Appeal filed by the petitioner has been admitted by this Court. The petitioner has raised certain arguable points, which can be considered only during the final hearing of the appeal. However, the appeal could not be taken up immediately for final hearing. The petitioner is in jail from 11.06.2026. Considering the quantity of ganja involved in this case, the period of incarceration and also considering the fact that the appeal could not be taken up for final disposal for want of time, this Court is inclined to allow this petition. 3/6 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.13360 of 2026 in Crl.A.(MD)No.782 of 2026 6.Accordingly, the substantive sentence of imprisonment alone is suspended pending disposal of the criminal appeal on the following conditions: (i) the petitioner is ordered to be enlarged on bail on executing 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 District and Sessions Judge, Communal Clash Cases, Madurai. (ii) The petitioner and the sureties shall file an affidavit before the respondent police that the petitioner will not misuse this liberty, will not indulge in any further offence, pending the appeal. (iii) The petitioner shall report before the respondent police daily at 10.30am. (iv) If the petitioner changes his residence, it shall be informed to the respondent police immediately. (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. 22.07.2026 DSK 4/6 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.13360 of 2026 in Crl.A.(MD)No.782 of 2026 To 1.The District and Sessions Court for Communal Clash Cases, Madurai. 2. The Superintendent, Central Prison, Madurai. 3.The Inspector of Police, Gudalur Nort Police Station, Theni District. 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.13360 of 2026 in Crl.A.(MD)No.782 of 2026 B.PUGALENDHI, J. DSK Crl.M.P.(MD)No.13360 of 2026 in Crl.A.(MD)No.782 of 2026 22.07.2026 6/6 https://www.mhc.tn.gov.in/judis