Karthick v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.07.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN in Crl.A.No.1516 of 2024 Karthick ....

Petitioner Vs The State Represented by The Inspector of Police, Tiruppur Central Police Station, Tiruppur District.

(Cr.No.485 of 2022) ....

Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 430(1) of Bharatiya Nagarik Suraksha Sanhita, 2023, to suspend the sentence imposed by the order passed against the petitioner in Sessions Case No.29 of 2023 dated 07.10.2023 on the file of the Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court) Tiruppur and enlarge the petitioner on bail, pending disposal of the above Criminal Appeal on the file of this Court. For Petitioner : Mr.S.Pandiyan For Respondent : Mr.S.Raja Kumar Additional Pubic Prosecutor

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed by the learned Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court), Tiruppur in S.C.No.29 of 2023 dated 07.10.2023 and enlarge the petitioner on bail pending disposal of the above appeal.

2.

The petitioner herein is the 2nd accused in S.C.No.29 of 2023 on the file of the learned Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court), Tiruppur. He was found guilty of the offences under Sections 452, 393 r/w 398 of IPC and he has been convicted and sentenced as under:

S.No.

Conviction Sentence Section 452 of IPC to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.5,000/-, in default to undergo rigorous imprisonment for a period of one year.

Section 393 r/w 398 of IPC to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.10,000/-, in default to undergo rigorous imprisonment for a period of one year.

Aggrieved by the same, the petitioner has 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 has got a fair chance of succeeding in the Criminal Appeal and hence, the substantive sentence imposed against him may be suspended. He would submit that the petitioner is ready to abide by the condition 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 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. A perusal of the records reveals that the petitioner has made out a prima facie case for grant of suspension of the sentence imposed by the Trial Court. That apart, the petitioner is in incarceration imprisonment from 02.12.2022. Further, A3 and A4 have already been granted bail by this Court in Crl.M.P.Nos.17597 & 1248 of 2023 vide order dated 29.01.2024.

7.

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 and the learned Additional Public Prosecutor appearing for the respondent police, further 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. 8.

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 him 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 Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court), Tiruppur. (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 the first working day of every English Calendar month at 10.30

a.m., until the disposal of the Criminal Appeal 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 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. 9.

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

11.07.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp

G.K.ILANTHIRAIYAN, J.

Lpp To 1.The Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court), Tiruppur.

2.The Superintendent, Central Prison, Coimbatore.

3.The Inspector of Police, Tiruppur Central Police Station, Tiruppur District.

4.The Public Prosecutor, Madras High Court, Chennai.

in Crl.A.No.1516 of 2024 11.07.2025