Venkatesan v. The State Rep.By, The Sub Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2026

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN Venkatesan ..Petitioner Vs.

The State rep. by The Sub Inspector of Police, V-5, Thirumangalam Police Station, Thirumangalam, Chennai.

..Respondent PRAYER in Crl.M.P.No.3531 of 2026: Criminal Miscellaneous Petition filed under Section 430(1) of BNSS, praying to suspend the sentence imposed by judgment dated 19.12.2022 passed in C.C. No. 2856 of 2019 by the learned XIII Metropolitan Magistrate, Egmore, Chennai, in respect of the offence under Section 471 IPC, which was confirmed by judgment dated 19.02.2026 in Crl.A. No. 14 of 2023 by the learned VI Additional Sessions Judge, City Civil Court, Chennai and enlarge the petitioner on bail pending disposal of the above criminal revision.

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For Petitioner ::

Mr.D.S. Ramesh For Respondent ::

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

ORDER

The petitioner has preferred the above revision challenging the judgment dated 19.02.2026 passed by the learned VI Additional Sessions Judge, City Civil Court, Chennai, in Crl.A.No. 14 of 2023 partly confirming the judgment dated 19.12.2022 passed by the learned Magistrate in C.C. No. 2856 of 2019 convicting the petitioner for the offence under Section 471 IPC for which he was sentenced to undergo rigorous imprisonment for 2 years and to pay a fine of Rs. 3000/-, in default, to undergo simple imprisonment for one month. Though the Trial Court had convicted the petitioner for offences under Sections 465, 468 and 471 IPC, the Appellate Court had acquitted him of the offences under Sections 465 & 468 IPC. The instant petition has been filed to suspend the sentence imposed on the petitioner for the offence under Section 471 IPC pending disposal of the above revision.

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2.

The case of the prosecution is that the petitioner had forged a lease agreement and obtained 'No Objection' certificate from the Fire Service Department, knowing that the said agreement is a forged one. 3.

The learned counsel for the petitioner submitted that admittedly, the petitioner is a tenant of the premises owned by P.W.2 landlady; that even according to the prosecution, he had a valid lease agreement till 2015 and that he had obtained ' No Objection' certificate from the Fire Service Department for selling crackers in the year 2015; that the petitioner has raised substantial grounds in the revision; that the petitioner is in custody from 24.02.2026 and hence, prayed for suspension of sentence.

4. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the materials available on record.

5.

Considering the fact that there are substantial grounds raised in the above revision which require consideration; that there is considerable force in the submissions of the learned counsel for the petitioner and the fact that the petitioner is in custody from 24.02.2026, this Court is inclined to grant suspension of sentence and enlarge the petitioner on bail. 3/6

6.

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 XIII Metropolitan Magistrate, Egmore, Chennai;

(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 (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. 26.02.2026 nv 2/2 (Note to Office: Issue order copy today (26.02.2026)) 4/6

To 1.The VI Additional Sessions Judge, City Civil Court, Chennai.

2. The XIII Metropolitan Magistrate, Egmore, Chennai.

3. The Superintendent, Central Prison, Puzhal-I, Chennai.

4. The Sub Inspector of Police, V-5, Thirumangalam Police Station, Thirumangalam, Chennai.

5. The Public Prosecutor, High Court, Chennai.

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SUNDER MOHAN, J.

nv 26.02.2026 6/6