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Madras High CourtCRL MP/23052/2025ordered

Vennila v. The State Rep By,

2025-11-28Honourable Mrs.Justice T.V.Thamilselvi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-11-2025

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI and CRL RC No. 1385 of 2025 1.VENNILA W/o. Anbu, Antony Koil Street, Duraisaipuram, Trichy District.

2.KAVITHA W/o. Vignesh, 3.SATHYA w/o. Ranjith, Appellants 2 and 3 are residing at Kuppam, Chittoor District, Andhra pradesh.

..Petitioner(s) Vs The State Rep by, Sub Inspector of Police, Dharmapuri Railway Police Station, Crime No. 7/2022.

..Respondent(s) To suspend the sentence affirmed on 23.06.2025 passed in Crl.A.No.41/2023 on the file of the Principal District Court, Dharmapuri, confirming the Judgment dated 26.09.2023 passed in CC.No.422/2022 on the __________Page 1 of 6

file of the Judicial magistrate -I, Dharmapuri and enlarge the petitioners on bail pending disposal of the above revision.

For Petitioner(s):

Mr. P.G.Santhosh Kumar For Respondent(s):

Dr.C.E.Pratap, Govt. Advocate (Crl. Side) Order This Criminal Miscellaneous Petition has been filed by the petitioner seeking suspension of sentence imposed by the learned Principal District Judge, Dharmapuri in Crl.A.No.41 of 2023 confirming the sentence imposed in C.C.No.422 of 2022, dated 26.09.2023 passed by learned Judicial Magistrate-I, Dharmapuri and enlarge the petitioners on bail pending disposal of the above Criminal Revision Case.

2.

The petitioners herein are the accused in C.C.No.422 of 2022 on the file of the learned Judicial Magistrate-1, Dharmapuri. They were found guilty of the offences under Section 379 of IPC/BNS and they were sentenced to undergo rigorous imprisonment for the period of three years. Aggrieved by the same, the petitioners have filed this Criminal Revision Case and consequently, he filed the present miscellaneous petition. 3.

The learned counsel for the petitioners/accused would submit that they have been falsely implicated in this case as if they have committed __________Page 2 of 6

theft of jewels from the defacto complainant while she was travelling in a train. He would further submit that there are arguable points available in the Criminal Revision case and the petitioners/accused have got a fair chance of succeeding in the Criminal Revision case and hence, the substantive sentence imposed against the petitioners/accused may be suspended. He would submit that the petitioners are 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 this petition. 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 petitioners, also by considering the submissions of the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent police, further this Criminal Revision case 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 __________Page 3 of 6

alone can be suspended on certain conditions. 7.

Accordingly, till the disposal of the Criminal Revision case, the substantive sentence of imprisonment imposed by the learned trial Judge is alone suspended and bail are granted on the following conditions: (a) The petitioners/accused are ordered to be released on bail, on their executing a separate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, in which one surety must be a blood surety, each for a like sum to the satisfaction of the learned Principal District Court, Dharmapuri.

(b) The petitioners/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 petitioners shall appear before the respondent police on every Saturday at 10.30 a.m. for the period of three months and they shall also 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 Criminal Revision case 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 317 Cr.P.C. and shall appear before the trial Court on any __________Page 4 of 6

other day in lieu of the date of his absence, as directed by the trial Court.

8.

With the above directions, this Criminal Miscellaneous Petition is ordered.

28-11-2025 RPP To 1.Principal District Judge, Dharmapuri.

2. Judicial Magistrate-I, Dharmapuri.

3. The Sub-Inspector of Police, Dharmapuri Railway Police Station.

4. The Public Prosecutor, High Court, Madras. __________Page 5 of 6

T.V.THAMILSELVI J.

RPP CRL MP NO.23052 OF 2025 AND CRL RC No. 1385 of 2025 28-11-2025 (2/2) __________Page 6 of 6