Raju v. State Rep.By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-04-2026

CORAM

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN in CRL RC No. 981 of 2026 Raju Petitioner(s) Vs State rep.by, The Forest Range Officer, Periyanayakanpalayam, Coimbatore District.

WLOR No.1 of 2009.

Respondent(s) PRAYER in CRL MP No. 7834 of 2026:

Criminal Miscellaneous Petition filed under Section 528 of BNSS Act, to exempt the petitioner to surrender before the appellate court on the Judgment dated 18.03.2026 made in C.A.No.52 of 2019 on the file of IV Additional Sessions Judge, Coimbatore and confirming the Judgment and conviction dated 29.01.2019 made in CC.No.262 of 2009 on the file of Judicial Magistrate No.VI, Coimbatore. PRAYER in CRL MP No. 7836 of 2026:

Criminal Miscellaneous Petition filed under Section 430(1) of BNSS Act, to suspend the imprisonment imposed dated 18.03.2026 made in C.A.No.52 of 2019 on the file of IV Additional Session Judge, Coimbatore and confirming the Judgment and conviction dated 29.01.2019 made in CC.No.262 of 2009 on the file of Judicial Magistrate No.VI, Coimbatore.

For Petitioner(s):

Mr.C.S.Saravanan For Respondent(s):

Mr.R.Kishore Kumar Government Advocate (Crl.Side)

COMMON ORDER The Criminal Revision case has been filed for setting aside the judgment and conviction dated 18.03.2026 in C.A.No.52 of 2019 passed by IV Additional Sessions Judge, Coimbatore, confirming the judgement dated 29.01.2019 in C.C.No.262 of 2009 on the file of learned Judicial Magistrate, No.VI, Coimbatore, convicting the petitioner for offence under Section 9 r/w 51(1) of Wild Life Act, 1972 and imposed sentence for a period of 2 years R.I and to pay a fine of Rs.5000/- in default to undergo simple imprisonment for a period of 3 months.

2. Along with the revision, the petitioner has filed two miscellaneous petitions viz., Crl.M.P.No.7836 of 2026, seeking suspension of sentence and Crl.M.P.No.7834 of 2026 for exempting him from surrendering pursuant to the judgments.

3. The learned counsel for the revision petitioner submitted that there are lot of material contradictions in the evidence of the prosecution and the prosecution evidence is also highly unreliable. It was further submitted that the petitioner is aged about 70 years and is unable to surrender before the trial Court. He further submitted that apprehending arrest, the present petitions

seeking suspension of sentence and exemption from surrender have been filed and that the petitioner is not in custody.

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

5. Considering the submissions made by the learned counsel for the petitioner; the fact that the petitioner raised substantial grounds in the above revision, which requires consideration; and also taking into account the facts and circumstances of the case, particularly the age of the petitioner is about 70 years, this Court is inclined to suspend the sentence of imprisonment and grant exemption from surrendering before the trial Court.

7. Accordingly, these Criminal Miscellaneous Petitions stand allowed; the sentence imposed on the petitioner is suspended and the petitioner is exempted from surrendering before the Trial Court till the disposal of the above criminal revision case, subject to the following conditions: (i) The petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only), with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.VI,

Coimbatore;

(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.

30-04-2026 Jd To

1. IV Additional Sessions Judge, Coimbatore.

2. The Judicial Magistrate No.VI, Coimbatore.

3. The Public Prosecutor, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN J.

jd CRL MP Nos.7834 & 7836 of in CRL RC No. 981 of 2026 30-04-2026