Allowed¶57

Anand @ Vijayababu v. State of Tamilnadu rep by the Inspector of Police

Madras HC4 Nov 2025CRL MP/18680/2025

Case brief

AI extract

What is this about?

Suspension of sentence; bail pending criminal appeal; Crl.MP No.18680 of 2025 in Crl.A. No.1542 of 2025; Madras High Court; T.V.Thamilselvi J.; order dated 04-11-2025; conviction in CC.No.93/2020 by Principal Special Court for EC and NDPS Cases, Chennai dated 11.09.2024; Crime No.10/2020, NIBCID Chennai; 5 years Rigorous Imprisonment; fine Rs.50,000/-; bail bond Rs.25,000/- with two sureties; condition to stay at Chennai; monthly appearance under Section 317 Cr.P.C.

What did the court decide?

Substantive sentence of imprisonment suspended till disposal of Crl.A. No.1542 of 2025; petitioner released on bail on executing a bond for Rs.25,000/- with two sureties each for a like sum, subject to conditions (stay at Chennai; monthly appearance before the trial court). ¶57

Anand @ Vijayababu Vs State of Tamilnadu rep by the Inspector of Police — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the substantive sentence of imprisonment imposed on the petitioner in CC.No.93/2020 should be suspended and the petitioner released on bail pending determination of Criminal Appeal No.1542 of 2025.

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Court's answer

Considering the facts and circumstances, the quantum of punishment imposed, the submissions of counsel, and that the criminal appeal is not likely to be taken for final hearing in the near future, the Court held that the substantive sentence of imprisonment alone can be suspended on certain conditions.

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Ratio / Principle

Till the disposal of the Criminal Appeal, the substantive sentence of imprisonment imposed by the learned trial Judge is alone suspended and bail is granted on conditions.

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Key takeaways

The petitioner/accused is ordered to be released on bail on executing a separate bond for Rs.25,000/- with two sureties each for a like sum to the satisfaction of the Principal Special Court for EC and NDPS Cases, Chennai; further, the petitioner shall stay at Chennai till disposal of the appeal.ratio¶51
Condition imposed: the petitioner shall appear before the Trial Court on the first working day of every English Calendar month at 10.30 a.m. until disposal of the Criminal Appeal; if unable to appear, an application under Section 317 Cr.P.C. is to be filed and appearance made on another day as directed by the trial Court.ratio¶56

Detailed headnote1 paragraphs

Madras High Court (T.V.Thamilselvi, J.) allowed Crl.MP No.18680 of 2025 in Crl.A. No.1542 of 2025. The petitioner, convicted in CC.No.93/2020 by the Principal Special Court for EC and NDPS Cases, Chennai (judgment dated 11.09.2024) and sentenced to 5 years Rigorous Imprisonment and a fine of Rs.50,000/- (in default 6 months RI), sought suspension of sentence pending appeal. Considering the facts and circumstances, the quantum of punishment, counsel's submissions, and that the appeal was not likely to be taken up for final hearing in the near future, the Court suspended the substantive sentence of imprisonment alone till disposal of the appeal and released the petitioner on bail on executing a bond for Rs.25,000/- with two sureties each for a like sum, on conditions that he stays at Chennai and appears before the trial court on the first working day of every English Calendar month at 10.30 a.m., with liberty to move under Section 317 Cr.P.C. for any absence.

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CRL A No. 1542 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 04-11-2025

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CORAM

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THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

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CRL A No. 1542 of 2025 AND

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CRL MP NO. 18680 OF 2025

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Anand @ Vijayababu

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S/o.Selvaraj, No.33G, Mandhaiyaman Kovil Street, 6th Ward,

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Uthamapalayam, Theni District

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Appellant(s)

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State of Tamilnadu rep by the Inspector of Police NIBCID , Chennai (Crime No.10/2020)

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Respondent(s)

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CRL MP No. 18680 of 2025

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PRAYER

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To Suspend the sentence imposed on the petitioner in CC.No.93/2020 by the Principal Special Court for EC and NDPS Cases, Chennai, Chennai by its Judgment dated 11.09.2024 and release the petitioner on bail pending determination of this Criminal Appeal No.1542/2025 by this Hon'ble Court on such terms and conditions that this Hon'ble Court deem fit .

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https://www.mhc.tn.gov.in/judis

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CRL A No. 1542 of 2025

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CRL A No. 1542 of 2025 For Appellant(s): S.Jayaprakash S.Angamuthu G.Sudhakar

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For Respondent(s): Public Prosecutor

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ORDER

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This petition has been filed to suspend the sentence imposed on the

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petitioner in CC.No.93/2020 by the Principal Special Court for EC and NDPS

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Cases, Chennai, Chennai by its Judgment dated 11.09.2024 and release the

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petitioner on bail pending determination of this Criminal Appeal No.1542/2025.

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The petitioner herein was convicted by the Principal Special Court for

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EC and NDPS Cases, Chennai, Chennai, in CC.No.93/2020 and sentenced him to undergo 5 years Rigorous Imprisonment and imposed a fine of Rs.50,000/-, in default, to undergo Rigorous Imprisonment for 6 months. Aggrieved over the same, the petitioner filed this appeal along with miscellaneous petition to suspend the sentence.

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The learned counsel for the petitioner/accused would submit that

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there are arguable points available in the Criminal Appeal and the

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petitioners/accused have got a fair chance of succeeding in the Criminal Appeal

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https://www.mhc.tn.gov.in/judis

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CRL A No. 1542 of 2025

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and hence, the substantive sentence imposed against the petitioner/accused may

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be suspended. Further he submit that the petitioner is A2 and contraband seized from the petitioner is intermediate quantity and he is in jail for the past 3 ½ years. He would submit that the petitioner is ready to abide the condition imposed by this Court.

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Per contra, the learned Government Advocate (Criminal Side)

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appearing for the respondent/State raised serious objection for allowing this

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petition. Further, he would contend that the evidences recorded from the

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prosecution witnesses would prove the case of the prosecution beyond reasonable doubt. According to him, interference of this Court is not necessary in the findings arrived at by the trial Court.

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Heard the learned counsel appearing on either side and also

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perused the materials placed on record.

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https://www.mhc.tn.gov.in/judis

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CRL A No. 1542 of 2025

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Considering the facts and circumstances of the case coupled with

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the quantum of punishment imposed upon the petitioners, also by considering

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the submissions of the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent police, 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

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can be suspended on certain conditions.

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Accordingly, till the disposal of the Criminal Appeal, the

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substantive sentence of imprisonment imposed by the learned trial Judge is

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alone suspended and bail are granted on the following conditions:

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(a) The petitioner/accused is ordered to be released on bail, on their executing a separate bond for a sum of Rs.25,000/(Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Principal Special Court for EC and NDPS Cases, Chennai, Chennai. Further, the petitioner shall stay at Chennai till disposal of this appeal.

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(b) The petitioner/accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and

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https://www.mhc.tn.gov.in/judis

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CRL A No. 1542 of 2025

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the Magistrate may obtain a copy of their Aadhaar Cards or Bank Pass Books to ensure their identities.

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(c) The petitioners shall appear before the Trial Court on the first working day of every English Calendar month at 10.30 a.m., until the disposal of the Criminal Appeal and if there are not able to appear before the trial Court on any day, they shall make arrangements to file an application under Section 317 Cr.P.C. 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.

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