R.Janarthanan v. The State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL MP No. 17653 of 2025 IN CRL RC NO. 1771 OF 2025 R.Janarthanan S/o. Ramasamy, No.22/4, Mettu Street, Vanur, Villupuram District.

Petitioner(s) Vs The State rep by Inspector of Police CCIW, CID, VIllupuram, Crime No.05/2024.

Respondent(s) For Petitioner(s):

R.Hemalatha K. Madhumitha G. Sweetha For Respondent(s):

Mr. C.E. Pratap Government Advocate Crl. side

ORDER

This petition has been filed to suspend the sentence imposed on the petitioner as per order passed in C.A No. 92 of 2018 dated 18.08.2025 on the file of the Principal Sessions Judge, Villupuram. The petitioner herein is the accused in C.C No. 72 of 2004 on the file of the learned Judicial Magistrate, Vanur, Villupuram. The trial acquitted the petitioner. However, the Principal Sessions Judge, Villupuram, in C.A No. 92 of 2018 found the petitioner guilty for the offence under Section 408 and 477(A) IPC and he has been convicted and sentenced to undergo simple imprisonment for a period of one year and directed to pay a sum of Rs.2000/-, \, in default, to undergo a simple imprisonment for a period of one month 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 submit that the petitioner is ready to abide any condition to be imposed by this Court.

4.

Heard the learned counsel appearing for the petitioner 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 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 sentence of imprisonment alone, imposed on the petitioner/accused, shall be suspended, on his execution of 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;

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

18-09-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Inspector of Police CCIW, CID, Villupuram.

2. The principal Sessions Judge, Villupuram.

3. The Judicial Magistrate, vanur, Villupuram.

T.V.THAMILSELVI J.

CRL MP No. 17653 of IN CRL RC NO. 1771 OF 2025 18-09-2025