P.Manoharan v. M/S Everyday Spinning Mills Private Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-11-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL MP NO. 21230 OF 2025 IN

1. P.Manoharan Proprietor, Esskay Textiles, office 14/1, Rangammal Koil Street, Peelamedu, Coimbatore-641004. Residence No.175, Sri Kandan Illam, NGN Street, New Siddhapudur, Coimbatore-641004.

Petitioner(s) Vs

1. M/s EVERYDAY SPINNING MILLS PRIVATE LIMITED By its Authorised Person, K.Sampath Kumar, S/o. Kaliappan, No.12, Jothi Theatre Road, Tiruppur.

Respondent(s)

CRL MP No. 21230 of 2025 PRAYER To suspend the sentence of six months imprisonment and to pay compensation Rs.13,87,663 to be paid within three months month and indeafult to undergo 1month imprisonment imposed by order 13.10.2025 and made in C.A.No.282 of 2024 on the file of the Special Court for Trial of cases under SC/ST (POA) Act, Tiruppur, confirming the sentence and modifying the order dated 21.08.2024 and made in STC No.4592/2022 on the file of the JM, FTC, Tiruppur pending disposal of the above Revision.

For Petitioner(s):

I.Kowser Nissar N.A. Nassir Hussain M. Nuzhath Khanam For Respondent:

ORDER

This petition has been filed to suspend the sentence imposed in C.A.No.282 of 2024 on the file of the Special Court for Trial of cases under SC/ST (POA) Act, Tiruppur, confirming the sentence and modifying the order dated 21.08.2024 and made in STC No.4592/2022 on the file of the JM, FTC, Tiruppur pending disposal of the above Revision.

2. The Judicial Magistrate, Fast Track Court, Tiruppur, convicted the petitioner and sentenced to six months imprisonment and to pay compensation Rs.13,87,663 to be paid within three months month and in default to undergo 1 month Simple imprisonment and same was confirmed by the Special Court for Trial of cases under SC/ST (POA) Act, Tiruppur, by order 13.10.2025 in C.A.No.282 of 2024. Aggrieved over the same, the petitioner filed this Revision along with miscellaneous petition.

3.

The learned counsel for the petitioner/accused would submit that there are arguable points available in the Criminal Revision Case and the petitioner/accused has 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 any condition to be imposed by this Court.

4.

Heard the learned counsel appearing for the petitioner and also perused the materials placed on record.

5.

Considering the submissions of the learned counsel for the petitioner, coupled with the quantum of punishment imposed upon the petitioner and taking into consideration the fact that 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 Case, the reliefs of suspension of sentence and bail are granted on the following conditions:

(i) the petitioner shall deposit a sum of Rs.4,00,000/- to the credit of STC.No. 4592 of 2022 on the file of learned Judicial Magistrate FTC, Tiruppur, within a period of 3 weeks from today. Failing which, the order passed by this Court shall stand automatically cancelled.

(ii) On such deposit being made, the trial Court shall redeposit the said amount in a Fixed Deposit Account, in any one of the Nationalized Banks, renewable thereafter periodically. The disbursal of this amount shall be decided at the culmination

of the Criminal Revision Case;

(iii) On the failure of the petitioner/accused depositing the above said amount, it is open to the trial Court to commit the petitioner/accused into custody for undergoing the sentence. (iv) On the petitioner depositing the amount as stated clause (i) supra, the sentence of imprisonment alone, imposed on the petitioner/accused, shall be suspended, on his execution of a bond for a sum of Rs.25,000/- with two sureties, each for a likesum to the satisfaction of the trial court;

(v) 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; (vi) 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 revision petition 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;

6. With the above directions, this Criminal Miscellaneous Petition is ordered. Post on 17.12.2025 for reporting compliance. 12-11-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The Special Court for Trial of cases under SC/ST (POA) Act, Tiruppur

2. The Judicial magistrate, FTC, Tiruppur.

T.V.THAMILSELVI J.

pbl CRL MP NO. 21230 OF 2025 IN CRL RC No.

12-11-2025