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Madras High CourtCRL MP/16418/2025ordered

Singaravelu v. The State Tamil Nadu Rep By The Inspector Of Police

2025-08-29Honourable Mr Justice G.K. Ilanthiraiyan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.08.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN in Crl.A.No.1375 of 2025 Singaravelu .....

Petitioner/Appellant Vs State represented by The Inspector of Police, Vaniyambadi Taluk Police Station, Tirupattur District.

(Vellore District) (Crime No.19 of 2007) .....

Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, to suspend the sentence imposed against the petitioner in S.C.no.381 of 2023 on the file of the learned District and Sessions Judge, Tirupattur, Tirupattur District dated 08.08.2025 and enlarge the petitioner on bail. For Petitioner : Mr.E.Kannadasan For Respondent : Mr.S.Raja Kumar Additional Public Prosecutor Page No.1 of 7

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed against the petitioner in S.C.no.381 of 2023 on the file of the learned District and Sessions Judge, Tirupattur, Tirupattur District dated 08.08.2025 and enlarge the petitioner on bail pending disposal of the above appeal. 2.

The petitioner, who are accused in S.C.No.381 of 2023, was convicted and sentenced by the District and Sessions Judge, Tirupattur, Tirupattur District dated 08.08.2025, as follows: S.No Conviction under Section Sentence awarded Section 279 of IPC To pay a fine for a sum of Rs.500/- in default to undergo simple imprisonment for 2 weeks Section 337 of IPC To pay a fine for a sum of Rs.300/- each count indefault to undergo simple imprisonment for 2 weeks each count Section 338 of IPC To pay a fine for a um of Rs.500/- each indefault to undergo Simple Imprisonment for 2 weeks each count Page No.2 of 7

S.No Conviction under Section Sentence awarded Section 304(A) of IPC To undergo Simple Imprisonment for 6 months each and to pay a fine of Rs.1000/- in default to undergo Simple Imprisonment for 3 weeks each count Aggrieved by the same, the petitioner have filed this appeal along with the present miscellaneous petition.

3.

The learned counsel for the petitioner/accused would submit that there are arguable points available in the Criminal Appeal and the petitioner/accused have got a fair chance of succeeding in the Criminal Appeal and hence, the substantive sentence imposed against the petitioner/accused may be suspended. He would submit that the petitioner are ready to abide any condition to be imposed by this Court. 4.

Per contra, the learned Additional Public Prosecutor 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 Page No.3 of 7

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 submissions of the learned counsel for the petitioner and the leaned Additional Public Prosecutor, coupled with the quantum of punishment imposed upon the petitioner and taking into consideration the fact that this criminal appeal 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.

7.

Accordingly, till the disposal of the Criminal Appeal, the substantive sentence of imprisonment imposed by the learned trial Judge is alone suspended and bail is granted on the following conditions: (a) The petitioner/accused is ordered to be released on bail, on their 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 Page No.4 of 7

Sessions Judge, Tirupattur, Tirupattur District. (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 all working day at 10.30 a.m., for a period of thirty days and thereafter on the first working day of every English Calendar month at 10.30 a.m., until the disposal of the Criminal Appeal and if there are 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. 8.

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

29.08.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Sma Page No.5 of 7

To

1. Sessions Judge, Tirupattur, Tirupattur District 2.The Inspector of Police, Vaniyambadi Taluk Police Station, Tirupattur District.

(Vellore District)

3. The Public Prosecutor, High Court, Madras.

Page No.6 of 7

G.K.ILANTHIRAIYAN, J.

Sma 29.08.2025 Page No.7 of 7