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Madras High CourtCRL MP/2898/2026ordered

C.Sakthi v. State Of Tamil Nadu Represented By Its

2026-02-27Honourable Mr.Justice Sunder Mohan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.02.2026

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.R.C. No. 379 of 2026 C. Sakthi ..Petitioner Vs.

State of Tamil Nadu, rep by the Inspector of Police, Uthukuli Police Station, Tiruppur.

..Respondent PRAYER: Criminal Miscellaneous Petition has been filed under Section 430(1) of BNSS praying to suspend the sentence imposed on the petitioner by judgment dated 31.10.2023 passed in C.C. No. 107 of 2019 by the learned District Munsif cum Judicial Magistrate, Uthukuli partly modified by judgment dated 19.09.2025 passed in Crl.A. No. 293 of 2023 by the learned Sessions Judge, Special Court for Trial under SC/ST (POA) Act, Tiruppur and enlarge the petitioner on bail, pending disposal of the revision petition.

For Petitioner ::

Mr.G. Saravanan 1\6

For Respondent ::

Mr.R. Vinothraja, Govt. Advocate (Crl.Side)

O R D E R

The revision has been filed challenging the judgment dated 19.09.2025 passed in Crl.A. No. 293 of 2023 by the learned Sessions Judge, Special Court for Trial under SC/ST (POA) Act, Tiruppur. The Trial Court, by judgment dated 31.10.2023, convicted the petitioner for the offences under Sections 279, 337 (4 counts) and 304-A IPC and sentenced him to undergo simple imprisonment for 3 months together with a fine of Rs.1000/- carrying a default sentence of simple imprisonment for one week for the offence under Section 279 IPC; to undergo simple imprisonment for 3 months and pay fine of Rs.500/- for each count, in default, to undergo simple imprisonment for one week for the offence under Section 337 IPC (4 counts) and to undergo simple imprisonment for 2 years together with a fine of Rs.10,000/- carrying a default sentence of simple imprisonment for 2 months for the offence under Section 304-A IPC. The Appellate Court, by the impugned judgment, confirmed the conviction and sentence imposed by the learned Magistrate in respect of offences under Sections 279 and 337 2\6

IPC and insofar as the offence under Section 304-A IPC is concerned, though the conviction was confirmed, the sentence was reduced to simple imprisonment for one year.

2.

The instant miscellaneous petition has been filed to suspend the sentence imposed on the petitioner. 3.

The case of the prosecution is that on 21.04.2016, at about 5.30a.m., the petitioner drove his lorry in a rash and negligent manner and dashed against a TOYOTA QUALIS car, which was parked on the main road and caused the death of one of the passengers in the car and injuries to other passengers and thus committed the aforesaid offences. 4.

The learned counsel for the petitioner would submit that it is a case of an accident; that there is no evidence to show that the petitioner had driven the lorry in a rash and negligent manner; that there are several inconsistencies in the evidence adduced on the side of the prosecution; that the petitioner has surrendered pursuant to the impugned judgment on 25.02.2026 and therefore, prayed for suspension of sentence. 3\6

5.

Heard the learned Government Advocate (Crl.Side) for the respondent.

6.

It is reported that the petitioner had surrendered on 25.02.2026 and is in custody since then. The petitioner has raised substantial grounds in the revision, which require consideration and therefore, this Court is inclined to suspend the sentence imposed on the petitioner. 7.

Accordingly, this criminal miscellaneous petition stands allowed and the sentence imposed on the petitioner is suspended till the disposal of the above criminal revision and the petitioner is ordered to be released on bail on the following conditions: (i)The petitioner shall execute a bond for a sum of Rs.10,000/-, (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Uthukuli;

(ii)The petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Trial Court may obtain a copy of their Aadhar card or Bank pass Book and mobile numbers to ensure their identity; and 4\6

(iii) The petitioner shall appear before the Trial Court on the first working day of every month at 10.30 a.m. until the disposal of the revision and if he is not able to appear before the Trial Court on any day, he 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. 27.02.2026 nv 2/2 To

1. The District Munsif cum Judicial Magistrate, Uthukuli.

2. The Sessions Judge, Special Court for Trial of Cases under SC/ST (POA) , Tiruppur.

3. The Superintendent, Central Prison, Coimbatore.

4. Inspector of Police, Uthukuli Police Station, Tiruppur.

5. The Public Prosecutor, High Court, Madras.

5\6

SUNDER MOHAN,J.

nv Crl.R.C. No. 379 of 2026 27.02.2026 2/2 6\6