Karthikeyan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.03.2026

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA in Crl.A.No.246 of 2026 Karthikeyan

...Petitioner/Appellant

Vs.

The Inspector of Police, Virinjipuram Police Station, Vellore District.

Crime No.46 of 2021.

...Respondent

Criminal miscellaneous petition filed under Section 430(1) of BNSS, seeking to suspend the sentence under Section 498A of IPC and convicted with three years, rigorous imprisonment and fine of Rs.5,000/- in default one Month simple imprisonment in S.C.No.3 of 2023 on the file of the Sessions Court, Magalir Neethimandram (Fast Track Mahila Court), Vellore, Vellore District, vide order dated 06.02.2026 and enlarge the petitioner on bail, pending disposal of the criminal appeal. For Petitioner : Mr.G.Krishnamurthy For Respondent : Ms.J.R.Archana, GA(Crl. Side) 1/5

ORDER

This criminal miscellaneous petition has been filed by the petitioner/appellant seeking suspension of sentence imposed by the learned Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court), Vellore, Vellore District, in S.C.No.3 of 2023, vide judgment dated 06.02.2026.

2. The conviction and sentence imposed against the petitioner/appellant, vide impugned judgment is as follows:- Under Section Sentence 498A of IPC three years rigorous imprisonment and a fine of Rs.5,000/-, in default, to undergo one month simple imprisonment.

3. Learned counsel for the petitioner/appellant submitted that the petitioner is the sole accused and was charged with the offences under Sections 498A and 304B of IPC and the Trial Court, after taking into consideration the evidence on record, vide the impugned judgment dated 06.02.2026, convicted the petitioner only for the offence under Section 498A of IPC and acquitted him of the offence under Section 304B of IPC. He further submitted that the petitioner had paid the fine amount imposed 2/5

by the trial Court and that the trial court had suspended the sentence imposed on the petitioner for a period of thirty days from 06.02.2026. He also submitted that there are arguable points in the criminal appeal, which is unlikely to be taken up for final hearing in the near future and the petitioner/appellant has a fair chance of succeeding in the appeal and hence, the sentence imposed on the petitioner/appellant may be suspended and the petitioner/appellant may be enlarged on bail.

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

5. Considering the facts and circumstances of the case and also considering the submissions made by the learned counsel for the petitioner/appellant, this Court is inclined to grant the relief of suspension of sentence to the petitioner, till the disposal of the criminal appeal, on the following conditions :- (i) The petitioner/appellant 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 Judicial Magistrate, Mahila Court (FTC), Vellore, Vellore District;

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(ii) The petitioner/appellant shall appear before the trial Court on the first working day of every English calendar month at 10.30 a.m., until further orders.

6. This criminal miscellaneous petition stands ordered accordingly. 02.03.2026 (2/2) skt To:

1.

The Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court), Vellore, Vellore District.

2.

The Judicial Magistrate, Mahila Court (FTC), Vellore, Vellore District.

3.

The Inspector of Police, Virinjipuram Police Station, Vellore District.

4.

The Public Prosecutor, Madras High Court.

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A.D.JAGADISH CHANDIRA, J.

skt in Crl.A.No.246 of 2026 (2/2) 02.03.2026 5/5