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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.01.2026

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Yesudass, S/o. Aarokiadass, Kanavaikalpalayam, Podanur, Coimbatore.

..Petitioner Vs.

State rep. By The Inspector of Police, TIW-West Police Station, Coimbatore District.

Crime NO. 280 of 2014 ..Respondent Prayer:

Criminal Miscellaneous Petition filed under Section 438(1) of BNSS to suspend the sentence of imprisonment imposed by judgment dated 27.06.2025 passed in C.A. No. 29 of 2024 by the learned Principal District 1\6

and Sessions Judge, Coimbatore, confirming the conviction and sentence imposed by judgment dated 27.12.2023 passed in C.C. No. 168 of 2015 by the learned Judicial Magistrate No.VIII, Coimbatore and enlarge the petitioner on bail pending disposal of the above revision petition. For Petitioner :: Mr.K.Sudhakar For Respondent :: Mr.R. Vinothraja, Govt. Advocate (Crl. Side)

O R D E R

The petitioner has preferred the above revision challenging the judgment 27.06.2025 passed in C.A. No. 29 of 2024 by the learned Principal District and Sessions Judge, Coimbatore, confirming the conviction and sentence imposed by judgment dated 27.12.2023 passed in C.C. No. 168 of 2015 by the learned Judicial Magistrate No.VIII, Coimbatore. 2.

The petitioner/accused was convicted for offences under Sections 279 & 304A IPC and Section 185 of Motor Vehicles Act, 1988 and sentenced as hereunder:

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Section of Offence Sentence imposed Fine of Rs.1000/- and in default, to undergo simple imprisonment for two weeks.

Section 279 IPC Section 304 A IPC Simple imprisonment for a period of one year and to pay a fine of Rs.5000/-, in default, to undergo simple imprisonment for two weeks.

Fine of Rs.2000/- and in default, to undergo simple imprisonment for one week.

The instant petition has been filed to suspend the sentence Section 185 of Motor Vehicles Act, 1988 imposed on the petitioner pending disposal of the above revision.

3. The learned counsel for petitioner would submit that he has raised substantial grounds in the revision.

4. Heard the learned counsel for the petitioner, learned Government Advocate (Crl.Side) for the respondent and perused the materials available on record.

5. Considering the fact that there are substantial grounds raised in the above revision, which requires consideration, the period of incarceration of the petitioner from 01.09.2025 and the revision is not likely to be taken up 3\6

in the near future for final hearing, this Court is inclined to grant the relief of suspension of sentence to the petitioner.

6. Accordingly, the sentence imposed on the petitioner is suspended till the disposal of the above criminal revision and the petitioner is ordered to be released on bail on the following conditions: (i)The petitioner shall execute a bond for a sum of Rs.10,000/-, with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No. VIII, Coimbatore; (ii)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; and (iii) The petitioner shall appear before the Trial Court on the first working day of every 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 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 other day in lieu of the date of his absence, as directed by the Trial Court.

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7.

The criminal miscellaneous petition is ordered accordingly.

07.01.2026 nv 2/2 (Note to Office: Issue order copy today (09.01.2026) To

1. The Principal District and Sessions Judge, Coimbatore.

2. The Judicial Magistrate No.VIII, Coimbatore.

3. The Inspector of Police, TIW-West Police Station, Coimbatore District.

4. The Superintendent, Central Prison, Coimbatore.

5. The Public Prosecutor, High Court, Madras. 5\6

SUNDER MOHAN,J.

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