G.Mary Pushpa Santhi v. R.Krishnan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.09.2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL.M.P.Nos.16854 & 16855 of 2025 in CRL.R.C.No.1436 of 2025 G.Mary Pushpa Santhi Petitioners in both Crl.M.Ps.
Vs R.Krishnan Respondent in both Crl.M.Ps.
COMMON PRAYER: Criminal Miscellaneous Petitions filed under Section 389(1) of Cr.P.C. r/w.430(1) of BNSS, praying to order of suspension of sentence imposed by the learned Judicial Magistrate (Fast Track), Hosur, Order dated 15.05.2024 passed in S.T.C.No.198 of 2022 pending disposal of the main case and to exempt the petitioner from surrendering pending disposal of the above Criminal Revision Petition.
For Petitioner : Mr.N.Sivaprakash For Respondent : No appearance COMMON ORDER These Criminal Miscellaneous Petitions have been filed by the petitioner, seeking suspension of sentence imposed by the learned Judicial Magistrate (Fast Track), Hosur, in S.T.C.No.198 of 2022, dated 15.05.2024, and enlarge the petitioner on bail pending disposal of the above Revision and seeking to exempt 1/4
the petitioner from surrendering before the trial Court pending disposal of the above revision petition.
2. The petitioner herein is the accused in S.T.C.No.198 of 2022 on the file of the learned Judicial Magistrate (Fast Track), Hosur. He has been convicted and sentenced to undergo imprisonment for a period of six months and to pay compensation double the cheque amount i.e. Rs.9,20,000/- to the respondent herein within two months and in default, to undergo further period of one month simple imprisonment consecutively as default sentence. Aggrieved by the same, 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 further submit that the petitioner is ready to abide the condition imposed by this Court.
4. Heard the learned counsel for the petitioner and also perused the materials placed on record.
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5. Considering the facts and circumstances of the case coupled with the quantum of punishment imposed upon the petitioner, also by considering the submission 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 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 (Fast Track, Erode). (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.
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T.V.THAMILSELVI , J.
kmm 6.
With the above directions, these Criminal Miscellaneous Petitions are ordered.
09.09.2025 Index : Yes/No : Yes/No Speaking/non-speaking order kmm To
1. The Judicial Magistrate (Fast Track), Hosur.
2. The Public Prosecutor, High Court of Madras. C.R.L.M.P.Nos.16854 & 16855 of 2025 in CRL.R.C.No.1436 of 2025 4/4