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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-11-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL MP No. 22195 of 2025 IN CRL RC NO. 2501 OF 2025 KANNAGI D/o.Sekar, Kalarampatti Village, Perambalur Taluk, Perambalur District.

Petitioner(s) Vs State rep.by, The Inspector of Police, D.C.B. Perambalur, Perambalur District. Cr.No.08/2021.

Respondent(s) PRAYER To suspend the sentence imposed on the petitioner by the Honble Principal District and Sessions judge,. Perambalur in Crl.A.No. 7/2023 dt. 15.03.2024 confirming the judgment of the Learned Judicial Magistrate No.I at Perambalur in C.C.No. 219/2012 dt. 27.02.2023 by allowing the this criminal miscellaneous petition pending disposal of the Crl.RC.

For Petitioner(s):

SWAMISUBRAMANIAN M.P.Yuvaraj 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 the petitioner by the Principal District and Sessions judge,. Perambalur in Crl.A.No. 7/2023 dt. 15.03.2024 confirming the judgment of the Learned Judicial Magistrate No.I at Perambalur in C.C.No. 219/2012 dt. 27.02.2023 by allowing the this criminal miscellaneous petition pending disposal of the Crl.RC.

2. The petitioner herein is the accused in C.C.No. 219/2012 on the file of the learned the Learned Judicial Magistrate No.I at Perambalur. He was convicted under Section 248(2) of Cr.P.C and sentenced to undergo simple imprisonment for a period of each 2 years and shall pay the fine of each Rs.5,000/- totalling to Rs.15,000/- for the offence u/s 420, 468 and 471 of I.P.C payable to the state failing which the accused shall undergo default sentence of each 2 months imprisonment and all the sentences are ordered to run consecutively. Aggrieved by the same, the petitioner filed an appeal in CCrl.A.No. 7/2023 , and by order dated 27.02.2023 on the file of the Learned Judicial Magistrate No.I at Perambalur, 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.I at Perambalur (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.

24-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes To.

1. The learned Principal District and Sessions judge,. Perambalur.

2. The learned Judicial Magistrate No.I at Perambalur

3. The Inspector of Police, D.C.B., Perambalur, Perambalur District.

4. The Public Prosecutor, High Court, Madras

T.V.THAMILSELVI, J.

smn CRL MP No. 22195 of IN CRL RC NO. 2501 OF 2025

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