Poomugilan v. State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.12.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN in Crl.RC.No.1831 of 2025 Poomugilan ...
Petitioner /Appellant Vs.
State rep by The Inspector of Police, Kunnathur Police Station, Tiruppur District.
(Crime No.357/2016) ...
Respondent / Complainant PRAYER: Criminal Miscellaneous Petition has been filed under Section 397
(1) r/w 439 Cr.P.C. praying to suspend the sentence of imprisonment imposed in the judgment in Crl.A.No.182 of 2022 on the file of the Additional District and Sessions Judge No.I, Tiruppur dated 25.07.2025 by confirming the conviction and sentence passed in judgment dated 24.11.2022 made in C.C.No.167 of 2019 on the file of the District Munsif Cum Judicial Magistrate, Uthukuli, Tiruppur.
For Petitioner : Mr.M.Mohamed Riyaz For Respondent : Mr.Dr.C.E.Pratap Government Advocate (Crl.Side) 1 / 6
O R D E R
The petitioner has preferred the above revision challenging the judgment passed in Crl.A.No.182 of 2022, confirming the judgment passed in C.C.No.167 of 2019, convicting the petitioner for the offence under Sections 279 IPC and 304 (A) IPC and sentenced to undergo simple imprisonment for a period of one month for the offence under Section 279 IPC and to undergo simple imprisonment for a period of two years for the offence under Section 304 (A) IPC (2 counts.) 2.The instant criminal miscellaneous petition has been filed seeking suspension of sentence imposed on the petitioner. 3.The learned counsel for the petitioner would submit that the petitioner surrendered pursuant to the judgment of the Appellate Court on 15.12.
raised substantial grounds in the above revision to set aside the impugned judgment and prayed for suspension of sentence. 4.The learned Government Advocate (Crl.Side) opposed granting of suspension of sentence by stating that both eye witnesses have been believed by the Trial Court; that PW5 had travelled in the vehicle, in which, the deceased travelled and that there is no infirmity in the judgment of the Courts below.
5.Considering the submissions made by the learned counsel on either side and on perusal of the records and evidences of the eye witnesses, this Court is of the view that the petitioner has raised substantial grounds in the revision and has made out a prima facie case for suspension of sentence. Hence, this Court is inclined to suspend the sentence imposed on the petitioner.
6. Accordingly, this criminal miscellaneous petition stands allowed and the sentence imposed on the petitioner is suspended till the disposal of the above criminal revision and the petitioner is ordered to be released on bail on the following conditions:
(i)The petitioner shall execute a bond for a sum of Rs.10,000/-, with 3 / 6
two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Uthukuli;
(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; and (iii)The petitioner shall appear before the Trial Court on the first working day of every month at 10.30 a.m. until the disposal of the 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.
17.12.2025 sli 4 / 6
To
1. The Judicial Magistrate, Uthukuli.
2.The Central Prison, Coimbatore.
3.The Inspector of Police, Kunnathur Police Station, Tiruppur District.
(Crime No.357/2016) 4.The Public Prosecutor, High Court, Madras.
5.The Additional District and Sessions Judge No.I, Tiruppur. 6.The District Munsif Cum Judicial Magistrate, Uthukuli, Tiruppur.
5 / 6
SUNDER MOHAN, J.
sli in Crl.A.No.1831 of 2025 17.12.2025 6 / 6