Ravi v. The State Rep By, The Sub-Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.Nos.1374 and 1376 of 2025 in Crl.R.C.No. 175 of 2025 Ravi ... Petitioner in both petitions Vs The State Rep by, The Sub Inspector of Police, Ambur Taluk Police Station.
(Crime No. 54/2017).
... Respondent in both petitions Prayer in Crl.M.P.No.1374 of 2025: Criminal Miscellaneous Petition is filed under Section 397 (1) read with Section 438(1) of BNSS, 2023, to suspend the sentence imposed in judgment in C.A. No. 33 of 2018 on the file of the District & Sessions Court, Tirupattur, partly modifying the sentence imposed in Judgment dated 28.02.2018 made in C.C.No. 67 of 2017 passed by the Additional District Munsif-cum-Judicial Magistrate, Ambur and enlarge the petitioner on bail, pending disposal of the above Criminal Revision Petition. Prayer in Crl.M.P.No.1376 of 2025: Criminal Miscellaneous Petition is filed under Section 482 of Cr.PC r/w Section 528 of BNSS, 2023, to exempt from surrendering before the trial court as per the judgment dated 28.06.2024 made in C.a. NO. 33 of 2018 on the file of the District & Sessions Court, Tirupattur, partly modifiying the sentence imposed in the judgment dated 28.02.2018 made in C.C.No.67 of 2017 passed by the Additional District Munsif-cum-Judicial
Magistrate Court, Ambur, pending disposal of the above Revision Petition. In both Petitions For Petitioner : Mr.C.Harish For Respondent : Mr.A.Gopinath Government Advocate (Crl.side) COMMON ORDER Crl.M.P.No.1374 of 2025 has been filed to suspend the sentence imposed in judgment in C.A. No. 33 of 2018 on the file of the District & Sessions Court, Tirupattur, partly modifying the sentence imposed in Judgment dated 28.02.2018 made in C.C.No. 67 of 2017 passed by the Additional District Munsif-cum-Judicial Magistrate, Ambur and enlarge the petitioner on bail, pending disposal of the above Criminal Revision Petition.
2. Crl.M.P.No.1376 of 2025 has been filed to exempt from surrendering before the trial court as per the judgment dated 28.06.2024 made in C.A. No. 33 of 2018 on the file of the District & Sessions Court, Tirupattur, partly modifiying the sentence imposed in the judgment dated 28.02.2018 made in C.C.No.67 of 2017 passed by the Additional District Munsif-cum-Judicial Magistrate Court, Ambur, pending disposal of the above Revision Petition.
3. Heard both sides and perused the materials available on record.
4. Considering the submissions made by the learned counsel on either side, this Court finds no prima facie case to suspend the sentence imposed on the petitioner, since the petitioner had committed very serious offence as against the Society. Therefore, this Court is not inclined to suspend the sentence imposed by the Additional District Munsif-cum-Judicial Magistrate, Ambur in C.C.No. 67 of 2017, dated 28.02.2018 and partly modified by the District & Sessions Court, Tirupattur vide judgment in C.A. No. 33 of 2018 28.06.2024. This Court also not inclined to exempt the petitioner from surrendering before the Trial Court.
5. Accordingly, these Criminal Miscellaneous Petitions are dismissed. The Trial Court is directed to secure the petitioner, in order to comply with the conviction and sentence imposed by the Trial Court, which was also confirmed by the appellate Court.
20.08.2025 (2/2) Internet:Yes Index:Yes/No Speaking/Non speaking order ak
G.K.ILANTHIRAIYAN. J, ak To
1. The Additional District Munsif-cum-Judicial Magistrate, Ambur.
2. The District & Sessions Court, Tirupattur
3. The Sub Inspector of Police, Ambur Taluk Police Station.
4. The Public Prosecutor, High Court, Madras.
Crl.M.P.Nos.1374 and 1376 of 2025 in Crl.R.C.No. 175 of 2025 20.08.2025 (2/2)