Ramachandran v. The State Of Tamil Nadu Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-10-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI IN CRL RC NO. 1933 OF 2025 RAMACHANDRAN S/o. Mr. Murugan, No.85, Mariyamman Koil Street, Thandarai Village and Post, Thiruvannamalai District.
Petitioner(s) Vs The State of Tamil nadu rep by The Inspector of Police H-1, Traffic Investigation Wing, Washermenpet Police Station, Chennai.
Respondent(s) PRAYER To suspend the sentence imposed by the Learned Metropolitan Magistrate No.III, George Town, Chennai in CC No.1511/2022 on 24.06.2024 which was confirmed by the Learned V Additional Sessions Judge, Chennai in Crl.A.No.489/2024 on 17.12.2024 pending disposal of the above Crl.R.C. For Petitioner(s):
M.Venugopal W.M. Abdul Azeez E. Venkatesan
For Respondent(s):
Dr.C.E. Pratap, Government Advocate
ORDER
This Criminal Miscellaneous Petition has been filed by the petitioner, to suspend the sentence imposed by the the Learned Metropolitan Magistrate No.III, George Town, Chennai in CC No.1511 of 2022 on 24.06.2024 which was confirmed by the Learned V Additional Sessions Judge, Chennai in Crl.A.No.489/2024 on 17.12.2024.
2. The petitioner herein is the accused in C.C.No.1511 of 2022 on the file of the learned Metropolitan Magistrate No.III at George Town, Chennai He was found guilty of the offence under Section 304(A) of IPC, convicted under Section 255(2) Cr.P.C and sentenced him to undergo one year simple imprisonment and not imposed separate punishment for offence under Section 279 of IPC applying the principles laid under Section 71 of IPC as rash and negligent Act enumerated under Section 279 of IPC form part of the offence
under section 304(A) of IPC. Aggrieved by the same, the petitioner filed an appeal in Crl.A No.489 of 2024, and by order dated 17.12.2024, the learned V Additional Sessions Judge, Chennai, dismissed the appeal, thereby confirming the judgment and sentence imposed by the trial Court. Hence, the present revision has been filed.
3.
The learned counsel for the petitioner/accused would submit that the petitioner was riding his vehicle with due care. He further submitted that that in the cross examination he has admitted tht if at all no stones were pile upon the road and no pit was existing on the road such accident could not have occurred. It is the further submissions of the learned counsel for the petitioner that he is having a valid defence available in the Criminal revision and the petitioner/accused has a fair chance of succeeding in the Criminal revision and hence, the substantive sentence imposed against the petitioner/accused may be suspended. He would submit that the petitioner is ready to abide the condition imposed by this Court.
4. Considering the facts and circumstances of the case coupled with the quantum of punishment imposed upon the petitioner, also by considering the submissions of the learned counsel for the petitioner, further this Criminal revision is not likely to be taken for final hearing in the near future, this Court is of the view that the substantive sentence of imprisonment alone can be suspended on certain conditions. Accordingly, till the disposal of the Criminal revision, the reliefs of suspension of sentence and bail are granted on the following conditions:
(a) the petitioner/accused is ordered to be released on bail, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned V Additional Sessions Judge, Chennai (b) The petitioner/accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the Magistrate may obtain a copy of their Aadhar Cards or Bank Pass Books to ensure their identities.
(c) The petitioner shall appear before the Trial Court on every Saturday at 10.30 a.m., until the disposal of the Criminal 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 355 of BNSS, 2023, 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.
5.
With the above directions, this Criminal Miscellaneous Petition is ordered.
09-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes 1.
To 1.The Inspector of Police H-1, Traffic Investigation Wing, Washermenpet Police Station, Chennai.
2. The V Additional Sessions Judge, Chennai
3. The Metropolitan Magistrate No.III, George Town, Chennai
4. The Public Prosecutor, High Court of Madras
T.V.THAMILSELVI J.
smn CRL MP No. 18608 of IN CRL RC NO. 1933 OF 2025 09-10-2025 1/2