Ranganthan v. The State By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.08.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN in Crl.R.C.No. 1467 of 2025 Ranganthan ....

Petitioner Vs State Rep By, The Inspector of Police, Tiruppur North Police Station, Tiruppur.

Cr.No.2060/2021.

....

Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 438(1) of Bharatiya Nagarik Suraksha Sanhita, 2023, to suspend the sentence imposed upon the petitioner by the learned Judicial Magistrate No.1,Tiruppur in C.C.No.288 of 2022 dated 23.02.2023 confirmed by the Hon'ble Sessions Judge, Special Court for Trial of Cases under the SC/ST ( POA) Act, Tiruppur in C.A.No.99 of 2023 dated 11.07.2025 pending final disposal of the Criminal Revision Petition.

For Petitioner : Mr.S.Jeyakumar For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed upon the petitioner by the learned Judicial Magistrate No.1,Tiruppur in C.C.No.288 of 2022 dated 23.02.2023 confirmed by the Hon'ble Sessions Judge, Special Court for Trial of Cases under the SC/ST ( POA) Act, Tiruppur in C.A.No.99 of 2023 dated 11.07.2025 pending final disposal of the Criminal Revision Petition. 2.

The petitioner herein is the accused in C.C.No.288 of 2022 on the file of the learned Judicial Magistrate No.I, Tiruppur. He was found guilty of the offence under Sections 294(b) & 324 of IPC and he has been convicted and sentenced as under:

S.No.

Conviction Sentence Sections 279 and 304A of IPC to undergo six months Rigorous Imprisonment.

Aggrieved by the same, the petitioner had filed an appeal in C.A.No.99 of 2023 and the learned Sessions Judge, Special Court for Trial of Cases under the SC/ST ( POA) Act, Tiruppur, by order dated 11.07.2025, had dismissed the appeal and confirmed the conviction and sentence, against which the present revision has been filed.

3.

The learned counsel for the petitioner/accused would submit that there are arguable points available in the Criminal Revision Case and the petitioner/accused has got a fair chance of succeeding in the Criminal Revision Case 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.

Per contra, the learned Government Advocate (Criminal Side) appearing for the respondent/State raised serious objection for allowing this petition. Further, he would contend that the evidences recorded from the prosecution witnesses would prove the case of the prosecution beyond reasonable doubt. According to him, interference of this Court is not

necessary in the findings arrived at by the trial Court. 5.

Heard the learned counsel appearing on either side and also perused the materials placed on record.

6.

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 and the learned Government Advocate (Crl. Side) appearing for the respondent police, 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 Case, 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 his 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 Judicial Magistrate No.I, Tiruppur.

(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 Aadhaar Cards or Bank Pass Books to ensure their identities. (c) The petitioner shall appear before the Trial Court on the first working day of every English Calendar month at 10.30 a.m., until the disposal of the revision petition 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.

7.

With the above directions, these Criminal Miscellaneous Petition is ordered.

21.08.2025 (1⁄2) Index : Yes/No : Yes/No Speaking/non-speaking order Sma To

1. Judicial Magistrate No.1,Tiruppur

2. Sessions Judge, Special Court for Trial of Cases under the SC/ST ( POA) Act, Tiruppur 3.The Inspector of Police, Tiruppur North Police Station, Tiruppur.

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

G.K.ILANTHIRAIYAN, J.

Sma in Crl.R.C.No. 1467 of 2025 21.08.2025 (2/2)