Manikandan v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.12.2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN in Crl.R.C.No.2628 of 2025 Manikandan . ...
Petitioner Vs The Inspector of Police, J-3 Guindy Traffic Investigation Wing, Guindy, Chennai - 600 032, Crime No.191/S2/2015 ... Respondent For Petitioner (s): Mr.S.Anandakumar
ORDER
These Criminal Miscellaneous Petitions have been filed seeking to suspend the sentence imposed on the revision petitioner / accused in CC.No.4221 of 2015 by the learned Metropolitan Magistrate - IV, Saidapet, Chennai and confirmed by the learned II Additional Sessions Judge at Page 1/5
Chennai in C.A.No.359 of 2022 dated 08.10.2025 and release the petitioner on bail, pending disposal of the above revision and to exempt the petitioner from surrendering before the trial court, pending disposal of the above revision.
2. It is the case of the prosecution that on 22.02.20215 at 05.45.a.m., the accused had driven his vehicle in a rash and negligent manner and hit the defacto complainant, due to which, defacto complainant sustained injuries. Hence,the petitioner was charged for the offences under Sections 279, 304(A) of IPC and Sections 134(a) and 134(b) of MV Act.
3. The learned counsel for the petitioner would submit that both the Court below failed to appreciate that the victim had crossed the road in a place which was not designated for pedestrian crossing and in any case, the offence under Sections 134(A) and 279 of IPC are not made out. Page 2/5
4. The learned Government Advocate (crl.side), on instructions, would opposed for grant of bail of suspension of sentence.
5. Considering the submissions made by the learned counsel for the petitioner; and the grounds raised by the petitioner; and finding that there are arguable points in the above revision which requires consideration; this Court is inclined to admit the revision and grant suspension of sentence and exempt the petitioner from surrendering before the trial court, on the following conditions, till the disposal of the above Criminal Revision : (a) The petitioner is ordered to be enlarged on bail, on condition that he shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only), with two sureties, each for a like sum to the satisfaction of the trial Court ;
(b) The petitioner shall appear before the Trial Court on the first working day of a month at 10.30 a.m., until the disposal of the revision and if he is not able to appear before the Trial Court on that day, Page 3/5
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 ;
(c) In the event of failure on satisfying the above conditions, this order would stand automatically cancelled.
6. Accordingly, these Criminal Miscellaneous Petitions are ordered. 02.12.2025 (2/2) sma SUNDER MOHAN, J.
sma Page 4/5
To
1. Metropolitan Magistrate - IV, Saidapet, Chennai
2. II Additional Sessions Judge at Chennai 3.The Public Prosecutor, High Court, Madras.
in Crl.R.C.No.2628 of 2025 02.12.2025 (2/2) Page 5/5