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Madras High CourtCRL MP/18649/2025ordered

Vishnu v. The State Rep By Its Inspector Of Police

2025-11-20Honourable Mrs.Justice T.V.Thamilselvi7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-11-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI IN CRL RC NO. 1952 OF 2025 VISHNU S/o. Ravindran, 49/10-1060 KTC Nagar, Bavurathiram, Thenkasi, Now at 105, ARU Maikkarar Thottam, 15 Velampalayam, Tiruppur.

Petitioner(s) Vs The State rep by its Inspector of Police 15 Velampalayam Police Station, Tiruppur District. Crime No.360 of 2017.

Respondent(s) PRAYER:To suspend the sentence imposed on him by the learned I Additional District and Sessions Judge, Tiruppur in Crl.A.No.189 of 2023 dated 22.08.2025 in confirming the Conviction imposed in C.C.No.850 of 2019 on the file of the learned JM No.3, Tirupur dated 12.06.2023 in respect of the offence under section 304(A) of the IPC.

For Petitioner(s):

T.Shanmugam P.K. Harinath Babu

K.G. Sripathi S. Sivasakthi G. Ajith For Respondent(s):

Dr.C.E. Pratap, Govt Advocate

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, to suspend the sentence imposed on him by the learned I Additional District and Sessions Judge, Tiruppur in Crl.A.No.189 of 2023 dated 22.08.2025 in confirming the Conviction imposed in C.C.No.850 of 2019 on the file of the learned JM No.3, Tirupur dated 12.06.2023 in respect of the offence under section 304(A) of the IPC.

2. The petitioner herein is the accused in C.C.No.850 of 2019 on the file of the learned JM No.3, Tirupur . He was found guilty of the offence under Section 279 of IPC and to pay a fine of Rs.1,000/- in default to undergo one month of simple imprisonment and under Section 304(A) of IPC to undergo six months of simple imprisonment and to pay fine of Rs.2,000/- in default to

undergo one month of simple imprisonment. Aggrieved by the same, the petitioner filed an appeal in Crl.A No.189 of 2025, and by order dated 22.08.2025 on the file of the I Additional District and Sessions Judge, Tiruppur 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.3, Tirupur. (c) 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.

(d) 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.

20-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes To.

1. The Inspector of police, No.15, Velampalayam Police Station, Tiruppur District

2. The learned I Additional District and Sessions Judge, Tiruppur

3. The learned JM No.3, Tirupur

T.V.THAMILSELVI,J.

smn CRL MP No. 18649 of IN CRL RC NO. 1952 OF 2025

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