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Madras High CourtCRL MP(MD)/3416/2026ordered

Ashokkumar @ Ramachandran v. State Of Tamilnadu Rep By Inspector Of Police, Kovilankulam

2026-02-26Honourable Mr Justice Mohammed Shaffiq8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.02.2026

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ in Crl.RC.(MD)No.270 of 2026 Ashokkumar @ Ramachandran ... Petitioner in both CMPs Vs.

State Of Tamilnadu Rep By, The Inspector of Police, Kovilangulam Police Station, Ramanathapuram District.

Crime No.14 of 2015 ... Respondent in both CMPs PRAYER in Crl.M.P.(MD).No.3416 of 2026 :- To suspend the sentence imposed by the Learned Principal District and Sessions Court, Ramanathapuram in C.A.No.21 of 2024 dated 11.08.2025 confirming the order of conviction in S.C.No.44 of 2018 dated 27.02.2024 passed by the learned Assistant Sessions Judge/Chief Judicial Magistrate, Ramanathapuram, pending disposal of the criminal revision petition.

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PRAYER in Crl.M.P.(MD).No.3419 of 2025 :- To grant exemption form surrendering to the petitioner in CA.No.21/2024 dated 11.08.2025 on the file of the Principal District and Sessions Court, Ramanathapuram confirming the order of conviction in SC.No.44/2018 dated 27.02.2024 on the file of Assistant Sessions Judge/Chief Judicial Magistrate, Ramanathapuram and enlarge the petitioner on bail.

For Petitioner : Mr.K.Sathish Kumar For Respondent : Mr.M.Karunanithi Government Advocate

ORDER

Heard Mr.K.Sathish Kumar, learned counsel for petitioner and Mr.M.Karunanithi, learned Government Advocate for respondent.

2. Criminal Miscellaneous Petitions have been filed, praying to suspend the sentence imposed on petitioner by Assistant Sessions Judge/Chief Judicial Magistrate, Ramanathapuram vide order dated 27.02.2024 in S.C.No.44 of 2018, which was confirmed by Principal District and Sessions Court, Ramanathapuram in Crl.A.No.21 of 2024, vide order dated 11.08.2025.

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3. Learned counsel for petitioner would submit that petitioner was convicted by Assistant Sessions Judge/Chief Judicial Magistrate, Ramanathapuram, for offences punishable under Sections 364 and 395 r/w. Section 397 of IPC in S.C.No.44 of 2018 dated 27.02.2024 and sentenced as follows:- (i) to undergo seven years rigorous imprisonment and to pay a fine of Rs.1000/-, in default, to undergo two months simple imprisonment for offence under section 364 of IPC;

(ii) to undergo seven years rigorous imprisonment and to pay a fine of Rs.1000/-, in default to undergo two months simple imprisonment for offence under Section 395 r/w. Section 397 of IPC.

4. Aggrieved, petitioner filed Criminal Crl.A.No.21 of 2024, before Principal District and Sessions Court, Ramanathapuram and the lower Appellate Court vide order dated 11.08.2025, dismissed the appeal and confirmed the judgment passed by Trial Court. Aggrieved, petitioner filed present Criminal Revision Petition in Crl.RC(MD)No.270 of 2026 before this Court along with instant miscellaneous petitions seeking 3/8

suspension of sentence and bail.

5. Learned Counsel for petitioner would submit that this Court vide order dated 16.02.2026 in Crl.RC(MD).No.270 of 2026 directed petitioner to surrender before Assistant Sessions Judge/Chief Judicial Magistrate, Ramanathapuram on 20.02.2026, in view of the fact that NBW was pending as against the petitioner. In compliance of the above order, petitioner had surrendered before Assistant Sessions Judge/Chief Judicial Magistrate, Ramanathapuram on 20.02.2026, and the same was confirmed by learned Government Advocate (Crl.side). He would further submit that co-accused had already been granted suspension of sentence.

6. He would further submit that during the course of trial, petitioner was in confinement from 07.07.2015 to 04.11.2015; and that he has raised other substantial grounds in the above revision, which requires consideration; and that he also paid fine amount as per the order of trial Court. Hence, he prayed for granting suspension of sentence and bail.

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7. Considering the fact that there are arguable points raised in revision and taking into consideration, facts and circumstances of the case and that it is also likely to take a while before the revision is finally heard1, this Court is inclined to grant suspension of sentence and bail, on the following conditions, till the disposal of above Criminal Revision: i) Petitioner is directed to be enlarged on bail on his executing 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 Assistant Sessions Judge/Chief Judicial Magistrate, Ramanathapuram. ii) Petitioner and sureties shall affix their photographs and Left Thumb Impression in the bond and the above said Court may obtain a copy of their Aadhaar card or Bank pass Book to ensure their identity; iii) Petitioner shall appear and sign before Assistant Sessions Judge/Chief Judicial Magistrate, Ramanathapuram, on the first working day of every month at 10.30 a.m., until the disposal of revision; Atul Alias Ashutosh vs State of Madhya Pradesh, (2024) 3 SCC 663 5/8

iv) In case, petitioner is not able to appear before the said Court on any day, he shall make arrangements to file an application under Section 317 Cr.P.C. (corresponding to 355 B.N.S.S) and shall appear before the said Court on any other day in lieu of the date of his absence, as directed by the said Court.

8. Accordingly, CMP(MD)No.3416 of 2026 is ordered and CMP(MD)No.3419 of 2026 is closed.

26.02.2026 (1/2) LS Note:

Issue order copy on 04.03.2026 6/8

To:

1. The Assistant Sessions Judge/Chief Judicial Magistrate, Ramanathapuram.

2.The Principal District and Sessions Court, Ramanathapuram.

3. The Inspector of Police, Kovilangulam Police Station, Ramanathapuram District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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MOHAMMED SHAFFIQ, J.

LS in Crl.RC.(MD)No.270 of 2026 Dated: 26.02.2026 (1/2) 8/8