R.Manikandan v. State Of Tamilnadu Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-10-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI AND CRL RC No.1992 OF 2025 R.Manikandan Petitioner(s) Vs The State Represented by, The Inspector of Police, Kunnathur Police Station, Tiruppur Dt.

(Crime No. 120 of 2023) Respondent(s) PRAYER To pass an order suspending the sentence and conviction imposed in C.A.No.21 of 2024 by the 1 st Addl. District and Sessions Judge, Tiruppur dated 28.08.2025 and to enlarge the Petitioner/ Appellant on bail pending disposal of the Crl. Revision.

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For Petitioner(s):

Mr.K.Venkateswaran For Respondent(s):

Dr.C.E.Pratap, Govt. Advocate (Crl. Side)

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner seeking suspension of sentence imposed by the learned I Addl. District and Sessions Judge, Tiruppur, in Crl.A.No.21 of 2024 dated 28.08.2025, and enlarge the petitioner on bail pending disposal of the above Criminal Revision Case. 2.

The petitioner herein is the 3 rd accused in C.C.No.134 of 2023 on the file of the learned District Munsif cum Judicial Magistrate Court, Uthukuli. He was found guilty of the offences under Section 248(2) Cr.P.C. and he has been convicted and sentenced to undergo simple imprisonment for one year and to pay a fine of Rs.10,000/-, in default to undergo simple imprisonment for the period of one month and the period of judicial custody of revision petitioner from 31.07.2023 to 08.09.2023 was ordered to be set off under Sec.428 of Cr.P.C. Aggrieved by the same, the petitioner had filed this Criminal Revision Case and consequently, he filed the present miscellaneous petition. 3.

The learned counsel for the petitioner/accused would submit that he has been falsely implicated in this case as if he along with other accused 2/6

have broke open the grill door and main door locks and committed theft of 1 1⁄2 sovereign gold chain with dollar to the value of Rs.22,500/- and 1⁄2 sovereign of gold ring to the value of Rs.7500/-. But, in fact, he has not committed any offence as alleged by the respondent police. He would further submit that there are arguable points available in the Criminal Revision case and the petitioner/accused have 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 the condition imposed by this Court and the fine amount was paid by him. 4.

Per contra, the learned Government Advocate (Criminal Side) appearing for the respondent/State raised serious objection for allowing this petition. Further, he would contend that the jewels were recovered and the evidences recorded from the prosecution witnesses would prove the case of the prosecution beyond reasonable doubt and no previous case pending against him. 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.

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6. Considering the fact that jewels were recovered from the petitioner, no previous case pending against him, the fine amount was paid and also 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 Government Advocate (Crl. Side) appearing for the respondent police, further this Criminal Revision case 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.

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Accordingly, till the disposal of the Criminal Revision case, the substantive sentence of imprisonment imposed by the learned trial Judge is alone suspended and bail are granted on the following conditions: (a) The petitioner/accused is ordered to be released on bail, on his executing a separate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, in which one surety must be a blood surety, each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Uthukuli.

(b) The petitioner/accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and 4/6

the Magistrate may obtain a copy of their Aadhaar Cards or Bank Pass Books to ensure their identities.

(c) The petitioner shall cooperate with the trial proceedings and also directed to 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 Revision case 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. 8.

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

10-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp To

1. I Addl. District and Sessions Judge, Tiruppur.

2. District Munsif cum Judicial Magistrate, Uthukuli.

3. The Inspector of Police, Kunnathur Police Station, Tiruppur.

4. The Public Prosecutor, High Court, Madras. 5/6

T.V.THAMILSELVI J.

rpp CRL MP No. 18833 of AND CRL RC No.1992 OF 2025 10-10-2025 (2/2) 6/6