Crl.MP(MD)No.11037 of 2026 in Crl.A(MD)No.968 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.07.2026 CORAM THE HONOURABLE MR JUSTICE B.PUGALENDHI Crl.MP(MD)No.11037 of 2026 in Crl.A(MD)No.968 of 2025 Arikrishnan ... Petitioner /A1 versus The State of Tamil Nadu, by the Inspector of Police, Kurinjipadi Police Station, Cuddalore District [Crime No.184 of 2023] ... Respondent Petition filed under Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, to suspend the sentence passed in CC.No.71 of 2024 dated 09.04.2025 on the file of the Additional District Judge / Presiding Officer, Special Court under Essential Commodities Act, Thanjavur pending disposal of the above criminal appeal. For Petitioners : Mr.M.Karunakaran For Respondent : Mrs.S.Moushica, Government Advocate 1/7 https://www.mhc.tn.gov.in/judis Crl.MP(MD)No.11037 of 2026 in Crl.A(MD)No.968 of 2025 ORDER The petitioner is accused No.3 in C.C.No.71 of 2024 on the file of the Additional District Judge / Presiding Officer, Special Court under Essential Commodities Act, Thanjavur. By judgment dated 09.04.2025, the petitioner was found guilty, convicted and sentenced to undergo five years rigorous imprisonment with a fine of Rs.20,000/- and in default to undergo six months simple imprisonment for the offence under Sections 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.968 of 2025 and the same was admitted by this Court on 09.05.2025. 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 petitioner has been implicated through the confession statement of the co-accused and there is no recovery from this petitioner. The quantity of ganja involved in this case is 11 kg. The petitioner is in jail for the past 1 year and two months. Therefore, the learned counsel seeks bail to the petitioner. 2/7 https://www.mhc.tn.gov.in/judis Crl.MP(MD)No.11037 of 2026 in Crl.A(MD)No.968 of 2025 3.The learned Government Advocate appearing for the respondent opposes bail to the petitioner that the petitioner is a history sheeted rowdy and he is involved in several other cases. The petitioner has provided money to the main accused A1 and the bank transaction between the petitioner and A1 has been marked as Ex.P.18. He has also furnished the details of the antecedent of the petitioner, which reads as follows: Sl. No Name of the Police Station Crime Nos. offences 1 Cuddalore NT PS 16 of 2025 Section 4 of the TNPHW, 131, 296(b), 324(4), 351(3) of BNS- NTF 2 Kurinjipadi PS 184 of 2023 Section 20(b)(ii)(B), 8(c) of NDPS Act @ 8(C) of NDPS Act - PT 3 Kurinjipadi PS 47 of 2021 Section 120(B), 294(b), 302, 323, 324, 34, 341 of IPC – NT 4 Thirupapuliyur PS 495 of 2024 Section 310(4) of BNS - NTF 5 Kurinjipadi PS 287 of 2023 20(b)(ii)(B), 8(c) of NDPS Act @ 8(c) of NDPS Act – Aquitted 6 Vadalur PS 98 of 2018 294(b), 341, 352, 506(1) IPC - NTF 7 Kurinjipadi PS 72 of 2025 296(b), 118(1), 351(3) of BNS - UI 3/7 https://www.mhc.tn.gov.in/judis Crl.MP(MD)No.11037 of 2026 in Crl.A(MD)No.968 of 2025 4. This Court considered the rival submissions made. 5.The petitioner has been prosecuted on the charge that he has funded accused No.1 to procure ganja and recovery was made from the accused No.1. The Criminal Appeal filed by the petitioner was also admitted by this Court. However, the appeal could not be taken up immediately for final hearing. The petitioner is in jail for 1 year and 4 four months. Considering the period of incarceration, A1/ co-accused from whom recovery was made has been granted bail 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, however with stringent conditions due to his involvement in other cases. 6.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 executing a bond for Rs.2,00,000/- (Rupees two lakh only) with two sureties each for a like sum to the satisfaction of the learned Additional District Judge / Presiding Officer, Special Court under Essential Commodities Act, Thanjavur. The sureties must be government servants. 4/7 https://www.mhc.tn.gov.in/judis Crl.MP(MD)No.11037 of 2026 in Crl.A(MD)No.968 of 2025 (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 and he shall also be available for the trial in the other case. (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. 29.07.2026 DSK To 1.The Additional District Judge, / Presiding Officer, Special Court under Essential Commodities Act, Thanjavur. 5/7 https://www.mhc.tn.gov.in/judis Crl.MP(MD)No.11037 of 2026 in Crl.A(MD)No.968 of 2025 2.The Inspector of Police, Kurinjipadi Police Station, Cuddalore District 3.The Superintendent, Central Prison, Cuddalore. 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 6/7 https://www.mhc.tn.gov.in/judis Crl.MP(MD)No.11037 of 2026 in Crl.A(MD)No.968 of 2025 B.PUGALENDHI, J. DSK Crl.MP(MD)No.11037 of 2026 in Crl.A(MD)No.968 of 2025 29.07.2026 7/7 https://www.mhc.tn.gov.in/judis