A.Abdul Kareem v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23-01-2025
CORAM
THE HONOURABLE MR JUSTICE P.VADAMALAI IN CRL RC(MD) NO. 71 of 2025 A.Abdul Kareem S/o.Abbas, 4/18A, North Street, Petmanagaram, Sree Moolakarai, Thoothukudi District.
Petitioner(s) Vs The State of Tamilnadu Rep by The Inspector of Police, All Women Police Station,(Rural), Palayamkottai, Tirunelveli District.
(Crime no.3 of 2020.) Respondent(s) For Petitioner(s) :
Mr.N.Pragalathan, Advocate For Respondent(s) :
Mr.M.Vaikkam Karunanithi Government Advocate (Criminal Side) 1/6
ORDER
This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed against the petitioner/A2 by the learned Judicial Magistrate No.III, Tirunelveli in C.C.No.969 of 2020, dated 07.07.2023, which was confirmed in Criminal Appeal No.122 of 2023, dated 04.10.2024, by the learned I Additional Sessions Judge, Tirunelveli pending disposal of the Criminal Revision Case in Crl.R.C.(MD)No.71 of 2025.
2. Based on a complaint given by the de-facto complainant, a First Information Report, in Crime No.3 of 2020, came to be registered by the respondent police as against the accused for the offence under Sections 3(2)(a), 4(2)(c) and 5(1)(a) of Immoral Traffic (Prevention) Act.
3. The respondent, after completing the investigation, has filed the final report and the same was taken on file in C.C.No.969 of 2020 on the file of the learned Judicial Magistrate No.III, Tirunelveli.
4. The learned counsel appearing for the petitioner submitted that the petitioner/A2 has been convicted by the trial Court on 07.07.2023, and the trial Court sentenced him to undergo simple imprisonment for a period of two years and to pay a fine of Rs.500/- (Rupees Five Hundred only), in default, to undergo simple 2/6
imprisonment for a period of two weeks for the offence under Section 3(2)(a) of Immoral Traffic (Prevention) Act. He was acquitted by the trial Court for the offence under Sections 4(2)(c) and 5(1)(a) of Immoral Traffic (Prevention) Act.
5. Challenging the above said conviction and sentence, the petitioner/A2 has preferred an appeal in Criminal Appeal No.122 of 2023 on the file of the learned I Additional Sessions Judge, Tirunelveli. By a judgment, dated 04.10.2024, the learned I Additional Sessions Judge, Tirunelveli dismissed the appeal, in respect of the petitioner/A2, by confirming the conviction and sentence imposed by the learned Judicial Magistrate No.III, Tirunelveli in C.C.No.969 of 2020 dated 07.07.2023. Being dissatisfied with the said conviction and sentence, the petitioner has preferred the present Criminal Revision Case, along with this Criminal Miscellaneous Petition seeking suspension of sentence, before this Court.
6. It is submitted by the learned counsel for the petitioner that there are several infirmities in the prosecution case, and also there are contradictions in material particulars between the evidence of the prosecution witnesses.
7. The learned Government Advocate (Criminal Side) appearing for the respondent submitted that there are enough materials available on record against the petitioner and hence, he opposed to grant suspension of sentence. 3/6
8. This Court has carefully considered the submissions made by the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent, and has also perused the materials available on record.
9. The learned counsel for the petitioner pointed out that there are certain infirmities and inconsistencies in this case, and also there are certain contradictions in material particulars. The fact remains that there are arguable points involved in this criminal revision and further, the criminal revision is not likely to be taken up for final hearing in the near future, this Court is of the considered view that the petitioner herein is entitled to the relief of grant of suspension of sentence.
10. Accordingly, this petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the revision with the following directions :
(i) The petitioner shall execute 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 Judicial Magistrate No.III, Tirunelveli, Tirunelveli District; (ii) 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 to ensure their identity; and 4/6
(iii) The petitioner shall appear before the learned Judicial Magistrate No.III, Tirunelveli once in a month i.e., on 1st working day of every English calendar month at 10.30 a.m., until further orders.
sd/- 23/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
MKN To 1.The I Additional Sessions Judge, Tirunelveli, Tirunelveli District.
2.The Judicial Magistrate No.III, Tirunelveli, Tirunelveli District.
3.Do through the Chief Judicial Magistrate, Tirunelveli District.
4.The Inspector of Police, All Women Police Station (Rural), Palayamkottai, Tirunelveli District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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Copy to:
The Section Officer, Criminal Section (Records), Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.N.PRAGALATHAN, Advocate ( SR-858[I] dated 24/01/2025 )
ORDER
IN IN CRL RC(MD) NO. 71 of 2025 Date :23/01/2025 ED/ GSV /SAR- (18/02/2025) 6P / 8 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6