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Madras High CourtCRL MP/18589/2025ordered

Amaresan v. The State Rep By, The Inspector Of Police,

2025-11-17Honourable Mrs.Justice T.V.Thamilselvi8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-11-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI IN CRL RC NO. 1939 OF 2025 AMARESAN S/o.Pichaiappan @ Pichaikkaran, No.164, Periya Road Street, Kaniyanur, Kalavai Taluk, Ranipet District-632 506.

Petitioner(s) Vs The State Rep by, The Inspector of Police, Bagayam Police Station, Vellore District. Cr.No.145/2019.

Respondent(s) PRAYER: To suspend the sentence imposed on the petitioner in conviction Judgment made in Crl.A.No.63/2022 by a judgment dated 18.08.2025 passed by the Learned Sessions Judge/Magalir Neethimandram (Fast Track Mahila Court), Vellore and the confirming judgment made in CC No.184/2020 dated 29.03.2022 passed by Learned Judicial Magistrate No.1, Vellore and enlarge the petitioner on bail pending disposal of the accompanying Criminal Revision Case.

For Petitioner(s):

G.Pugazhenthi P.Nagaraju M.Saravanan E.Elavazhagan T.S.Praveenrajan For Respondent(s):

Dr.C.E.Pratap

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, to suspend the sentence imposed on the petitioner in conviction Judgment made in Crl.A.No.63/2022 by a judgment dated 18.08.2025 passed by the Learned Sessions Judge/Magalir Neethimandram (Fast Track Mahila Court), Vellore and the confirming judgment made in CC No.184/2020 dated 29.03.2022 passed by Learned Judicial Magistrate No.1, Vellore and enlarge the petitioner on bail pending disposal of the accompanying Criminal Revision Case.

2. The petitioner herein is the accused in CC No.184/2020 on the file of the learned Judicial Magistrate No.1, Vellore He was found guilty of the offence under Sections 279 and 304(A) of I.P.C and the accused is convicted and sentenced to undergo 9 months R.I and to pay a fine of Rs.1,000/- in default

to undergo one month imprisonment under Section 304(A) of IPC. Aggrieved by the same, the petitioner filed an appeal in Crl.A No.63 of 2022, and by order dated 18.08.2025 on the file of the Learned Sessions Judge/Magalir Neethimandram (Fast Track Mahila Court), Vellore dismissed the appeal, thereby confirming the judgment and sentence imposed by the trial Court. Hence, the present revision has been filed.

3.

The learned counsel for the petitioner/accused submitted that he is having a valid defence available in the Criminal revision and the petitioner/accused has a fair chance of succeeding in the Criminal revision and hence, the substantive sentence imposed against the petitioner/accused may be suspended. He also submitted that the petitioner is ready to abide the condition imposed by this Court.

4. Considering the facts and circumstances of the case coupled with the quantum of punishment imposed upon the petitioner, also by considering the submissions 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, 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 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 No.1, Vellore (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 Aadhar Cards or Bank Pass Books to ensure their identities.

(c) The petitioner shall appear before the Trial Court on every Tuesday at 10.30 a.m., until the disposal of the Criminal revision 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.

5.

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

17-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Note: The Registry is directed to issue order copy on 17.11.2025

To.

1.The State represented by The Inspector of police, Bagayam Police Station,Vellore District. 2.The Learned Judicial Magistrate No.1, Vellore

3. Learned Sessions Judge/Magalir Neethimandram (Fast Track Mahila Court), Vellore

4. The Public Prosecutor, High Court, Madras

T.V.THAMILSELVI, J.

smn CRL MP No. 18589 of IN CRL RC NO. 1939 OF 2025 17-11-2025 1/2