S.Janaardhan v. The State Represented By, The Sub -Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.09.2025
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.M.P.No.17060 of 2025 in Crl.RC.No.1673 of 2025 S.Janaardhan ....
Petitioner Vs The State Represented by, The Sub-Inspector of Police, J-6, Thiruvanmiyur Police Station, Thiruvanmiyur, Chennai.
(Crime No.47/2022) ....
Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 397 (1) Cr.P.C., equivalent to 438 (1) BNSS, 2023), to suspend the sentence imposed in C.C.No.692 of 2023 dated 04.08.2023, passed by the Learned 18th Metropolitan Magistrate, Saidapet which was confirmed by the Learned III Additional Sessions Court, Chennai in Crl.A.No.496 of 2023 dated 25.07.2025 and enlarge the Petitioner on bail pending disposal of the Criminal Revision Petition in Crl.R.C.No.1673 of 2025.
For Petitioner :
Mr.R.Vivekananthan For Respondent :
Dr.C.E.Pratap Government Advocate (Crl.Side) 1/6
ORDER
This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed in C.C.No.692 of 2023 dated 04.08.2023, passed by the learned 18th Metropolitan Magistrate, Saidapet which was confirmed by the learned III Additional Sessions Court, Chennai in Crl.A.No.496 of 2023 dated 25.07.2025 and enlarge the petitioner on bail pending disposal of the Criminal Revision Petition in Crl.R.C.No.1673 of 2025. 2.The petitioner herein is the accused in C.C.No.692 of 2023 on the file of the learned 18th Metropolitan Magistrate, Saidapet. He was found guilty of the offence under Section 411 of IPC and he has been convicted and sentenced to undergo 2 years of rigorous imprisonment and to pay the fine of Rs.
5,000/-, in default of payment of fine, the petitioner shall undergo 3 months simple imprisonment as default sentence and he was also found guilty of the offence under Section 471 of IPC and he has been convicted and sentenced to undergo one year of rigorous imprisonment and to pay a fine of Rs.3,000/-, in default of payment of fine, the petitioner shall undergo one month simple imprisonment. Aggrieved by the same, the petitioner had filed an appeal in Crl.A.No.
25.07.2025, had dismissed the above appeal, confirming the judgment and sentence imposed by the trial Court. 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. He would further submit that the fine amount has already been paid and hence, the substantive sentence imposed against the petitioner/accused may be suspended and the petitioner is ready to abide any condition to be imposed by this Court.
4.Heard the learned counsel appearing on either side and also perused the materials placed on record.
5.Considering the submissions of the learned counsel for the petitioner, coupled with the quantum of punishment imposed upon the petitioner and taking into consideration the fact that 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 3/6
conditions. Accordingly, till the disposal of the Criminal Revision Case, the reliefs of suspension of sentence and bail are granted on the following conditions:
(i) The petitioner shall execute a bond for a sum of Rs.25,000/- with two sureties, each for a likesum to the satisfaction of the trial court;
(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 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;
6With the above directions, this Criminal Miscellaneous Petition is ordered.
15.09.2025 Index : Yes/No : Yes/No Speaking/non-speaking order pam 4/6
To 1.The 18th Metropolitan Magistrate, Saidapet. 2.The III Additional Sessions Court, Chennai. 3.The Sub-Inspector of Police, J-6, Thiruvanmiyur Police Station, Thiruvanmiyur, Chennai. (Crime No.47/2022) 4.The Public Prosecutor, High Court of Madras. 5/6
T.V.THAMILSELVI, J.
pam Crl.M.P.No.17060 of 2025 in Crl.R.C.No.1673 of 2025 15.09.2025 6/6