Manikandan v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-11-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL MP NO. 22012 OF 2025 IN

1. MANIKANDAN S/o. Manickam, No.78/1, Nalleswarar Kovil 1st Street, Kundrathur, Chennai600069.

Appellant(s) Vs

1. The State rep by The Inspector of Police R-2 Kodambakkam Police Station, Chennai-6000024. Crime no.64/2022.

Respondent(s) CRL MP No. 22012 of 2025 PRAYER To suspend the conviction and sentence passed by the Learned XVIII additional Sessions Judge, City Civil and Sessions Court, Chennai by a Judgement and order dated 23.10.2025 made in S.C.No.126 of 2023 and to release the petitioner on bail.

For Appellant(s):

R.Thamarai Selvan S. Venkatesan S. Ramesh N. Gayathri M. Tarun Vel R. Raja Rajan

For Respondent(s):

Mr. V. Meganathan, Government Advocate(Crl.side)

ORDER

This petition has been filed to suspend the conviction and sentence passed by the Learned XVIII additional Sessions Judge, City Civil and Sessions Court, Chennai by a Judgement and order dated 23.10.2025 made in S.C. No.126 of 2023 and to release the petitioner on bail. 2.

The petitioner herein is the accused in S.C No. 126 of 2023 on the file of the learned XVIII additional Sessions Judge, City Civil and Sessions Court, Chennai. He was found guilty of the offence under Sections 341, 294(b), 326, 307, 506(ii) r/w 34 of IPC and he has been convicted and sentenced as under: S Conviction Sentence 1Section 326 of IPC to undergo Rigorous imprisonment for a period of three (3) years and to pay fine of Rs.10,000/-, in default to undergo simple imprisonment 3 months.

2Section 294(b) of IPC to undergo Rigorous imprisonment for a period of 2 months and to pay a fine of Rs.500/-, in default of which the accused shall undergo Simple Imprisonment of one week for the offence Aggrieved by the same, the petitioner filed this appeal.

3.

The learned counsel for the petitioner/accused would submit that due to property dispute the petitioner has been falsely implicated in this case. Further, 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. Further it is his specific submission that the petitioner was enlarged on bail during the time of pendency of the appeal before the first appellate Court and the petitioner may be exempted from surrendering before the Trial Court. He would submit that the petitioner is ready to abide the condition imposed by this Court. 4.

Per contra, the learned Government Advocate (Criminal Side) appearing for the respondent/State raised serious objection for allowing these petitions. Further, he would contend that the evidences recorded from the prosecution witnesses would prove the case of the prosecution beyond reasonable doubt. 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.

6.

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 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:

(a) The petitioner/accused is ordered to be released on bail, on his 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 XVIII additional Sessions Judge, City Civil and Sessions Court, Chennai. Further, the petitioner shall not have communication with the victim.

(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 Aadhaar Cards or Bank Pass Books to ensure their identities.

(c) The petitioner shall appear before the Trial Court on the first and last 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.

7.

With the above directions, these Criminal Miscellaneous Petitions are ordered.

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

1. The XVIII additional Sessions Judge, City Civil and Sessions Court, Chennai.

2. The Inspector of Police, R-2 Kodambakkam Police Station, Chennai.

3. The Public Prosecutor, High Court, Madras.

T.V.THAMILSELVI J.

pbl CRL MP NO. 22012 OF IN 20-11-2025