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Madras High CourtCRL MP/17514/2025ordered

Sathishkumar v. The State Rep By, The Sub Inspector Of Police,

2025-09-18Honourable Mrs.Justice T.V.Thamilselvi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.09.2025

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.M.P.No.17514 of 2025 in Crl.RC.No.1738 of 2025 Sathishkumar ....

Petitioner Vs The State Represented by, The Sub-Inspector of Police Veppadai Police Station Tiruchengode, Namakkal District.

(Crime No.148 of 2021) ....

Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 430 (1) of Cr.P.C., praying to suspend the sentence of imprisonment imposed in the judgment dated 26.08.2025 made in C.A.No.25 of 2025 on the file of the learned II Additional District and Sessions Court, Tiruchengode, partly confirming the conviction imposed in the judgment dated 20.01.2025 made in C.C.No.11 of 2023 on the file of the learned Judicial Magistrate, Kumarapalayam, pending disposal of this Criminal Revision Petition before this Court.

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For Petitioner :

Mr.N.Manokaran For Respondent :

Dr.C.E.Pratap Government Advocate (Crl.Side)

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed in C.C.No.11 of 2023 dated 20.01.2025, passed by the learned Judicial Magistrate, Kumarapalayam, which was confirmed by the learned II Additional District and Sessions Court, Tiruchengode, in Crl.A.No.25 of 2025 dated 26.08.2025 and enlarge the petitioner on bail pending disposal of the Criminal Revision Petition in Crl.R.C.No.1738 of 2025.

2. The petitioner herein is the accused in C.C.No.11 of 2023 on the file of the learned Judicial Magistrate, Kumarapalayam. He was found guilty of the offence under Sections 341, 354(A)(1), 354(D) (2) of IPC r/w 4 of Woman Harassment Act, 2002 and he has been convicted and sentenced undergo 1 month Simple Imprisonment and to pay a fine of Rs.500/-, in default undergo one week Imprisonment for the offence under Section 341 of IPC, sentenced undergo two years Simple Imprisonment and to pay a fine of Rs.500/- in default undergo one week Imprisonment for the offence under Section 354(A)(1) of 2/6

IPC, sentenced undergo two years Simple Imprisonment and to pay a fine of Rs.500/- in default undergo one week Imprisonment for the offence under Section 354(D)(2) of IPC and sentenced undergo two years Simple Imprisonment and to pay a fine of Rs.500/- in default undergo one week Imprisonment for the offence under Section 4 of Woman Harassment Act. Aggrieved by the same, the petitioner had filed an appeal in Crl.A.No.25 of 2025 and the learned II Additional District and Sessions Court, Tiruchengode, by judgment dated 26.08.2025, had partly allowed 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 3/6

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 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 4/6

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;

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

18.09.2025 (2/3) Index : Yes/No : Yes/No Speaking/non-speaking order dna To 1.The II Additional District and Sessions Court, Tiruchengode. 2.The Judicial Magistrate, Kumarapalayam.

3.The Sub-Inspector of Police Veppadai Police Station Tiruchengode, Namakkal District.

(Crime No.148 of 2021) 4.The Public Prosecutor, High Court of Madras.

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T.V.THAMILSELVI, J.

dna Crl.M.P.No.17514 of 2025 in Crl.RC.No.1738 of 2025 (2/3) 18.09.2025 6/6