K.Sattanathan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-05-2026

CORAM

THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI IN CRL RC NO. 1043 OF 2026 K.Sattanathan S/o.Kunjupillai, No.32, Murugesa Nagar, Chidambaram.

..Petitioner / Revision Petitioner (A2) Vs State rep.by The Inspector of Police, District Crime Branch, Cuddalore.

..Respondent / Complainant Prayer : This Criminal Miscellaneous Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, to suspend the sentence passed by the learned Chief Judicial Magistrate, Cuddalore in CC.No.73/2019 dated 27.04.2026, passed in pursuant to the order of conviction in Crl.A.No.24/2024, by the learned I Additional District and Sessions at Cuddalore, dated 24.03.2026, reversing the order of acquittal passed on dated 12.12.2023 in CC.No.73/2019, by the learned Chief Judicial Magistrate, Cuddalaore pending disposal of the above Criminal Revision petition and pass necessary orders as this Honble Court deems fit and proper and render justice. For Petitioner(s):

Mr.V.Sivalingam Mr.S.Thendral For Respondent(s):

Mr.A.Damodaran Additional Public Prosecutor

ORDER

The petitioner has preferred the above revision challenging the judgment dated 24.03.2026 passed by the learned I Additional District and Sessions, Cuddalore in Crl.A.No.24 of 2024 and the consequential sentence imposed by the Chief Judicial Magistate, Cuddalore in C.C.No.73/2019 dated 27.04.2026 reversing the judgment of acquittal passed in CC.No.73 of 2019 dated 12.12.2023 by the learned Chief Judicial Magistate Court, Cuddalore.

2. The Petitioner is Accused No.2 in C.C.No.73/2019 on the file of Chief Judicial Magistrate, Cuddalore. The Petitioner/Accused No.2 was found guilty for commission of offence under Sections 167, 420, 465, 468, 471, 477 (A) and 120 (b) of IPC. Therefore, the Trial Court vide Judgment dated 12.12.2023 in C.C.No.73/2019, acquittal the Petitioner/Accused No.2. Aggrieved by the said acquittal, the appellant / complainant preferred a Criminal Appeal in Crl.A.No.24 of 2024 before the I Additional District & Sessions, Cuddalore, However, learned I Additional District & Sessions, Cuddalore vide Judgment dated 24.03.2026 partly allowed the Criminal Appeal and modified the judgment of Trial Court and matter is remitted to the Trial Court. Pursuant thereto, the Trial Court, vide order dated 27.04.2026, reversed the judgment of acquittal dated 12.12.2023 and convicted the petitioner / Accused No.2. Hence, Petitioner/Accused No.2 has filed the present Criminal Revision Petition along with this Criminal Miscellaneous Petition.

3. The learned counsel for Petitioner/Accused No.2 submitted that there are arguable points available in the Criminal Revision which is not likely to be taken up for final hearing in the near future. He further submitted that Petitioner/Accused No.2 has a fair chance of succeeding in the Criminal Revision Case and Petitioner/Accused No.2 is ready to abide any condition to be imposed by this Court. Therefore, the learned counsel prayed that the substantive sentence imposed on Petitioner/Accused No.2 may be suspended.

4. Mr.A.Damodaran, learned Additional Public Prosecutor who takes notice on behalf of the Respondent Police submitted that he has objection for suspending the sentence of imprisonment imposed on the Petitioner/Accused No.2.

5. Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side and also, taking into consideration of the fact that the Criminal Revision is not likely to be taken up for final hearing in the near future, this Court is inclined to suspend the substantive sentence of imprisonment alone.

6. Accordingly, till the disposal of present Criminal Revision Petition, the relief of suspension of sentence is granted to the Petitioner/Accused No.2, subject to 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 Chief Judicial Magistrate, Cuddalore. (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;

(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 that 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.

7. Accordingly, these Criminal Miscellaneous Petition is ordered 07-05-2026 Index: Yes/No Speaking/Non-speaking order av/mrr

To

1. The I Additional District and Sessions, Cuddalore

2. The Chief Judicial Magistrate, Cuddalore.

3.The Inspector of Police, District Crime Branch, Cuddalore.

4.The Public Prosecutor, High Court, Madras.

L.VICTORIA GOWRI, J.

av/mrr IN CRL RC NO. 1043 OF 2026 07-05-2026 (2/3)