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Madras High CourtCRL MP(MD)/4280/2026ordered

Arumugam v. State Of Tamilnadu Rep By Inspector Of Police, Thiruvidaimarudhur

2026-02-25Honourable Mr Justice Mohammed Shaffiq6 pages

CRL MP(MD) Nos.4280 and 4283 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25-02-2026

CORAM

THE HONOURABLE MR JUSTICE MOHAMMED SHAFFIQ CRL MP(MD) NOs. 4280 and 4283 of 2026 in CRL RC(MD) No.342 of 2026 Arumugam Petitioner(s) in both petitions Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Thiruvidaimaruthru Police Station, Thanjavur District.

(In Crime No.14 of 2015) Respondent(s) in both petitions For Petitioner(s):

Mr.C.Susikumar For Respondent(s):

Vaikkam Karunanithi Government Advocate Prayer for Crl.M.P(MD)No.4280 of 2026:

To suspend the sentence of imprisonment imposed by learned Principal Sessions Judge, Thanjavur in Crl.A.No.180 of 2024 by the judgment dated 19.11.2025 by confirming the conviction and the sentence imposed by the learned District Munsifcum-Judicial Magistrate Court, Thiruvidaimaruthur in C.C.No.363 of 2019 by the judgment dated 28.06.2024 and enlarged the petitioner on bail pending disposal of this criminal appeal.

Prayer for Crl.M.P(MD)No.4283 of 2026:

To exempt the petitioner from surrender in pursuant to the judgment dated 19.11.2025 by the learned Principal Sessions Judge, Thanjavur in Crl.A.No.180 of 2024 by confirming the conviction and the sentence of imprisonment imposed by the learned District Munsif-cum-Judicial Magistrate Court, Thiruvidaimaruthuru in C.C.No.363 of 2019 by the judgment dated 28.06.2024 COMMON ORDER Heard Mr.C.Susikumar, learned Counsel for petitioner and Mr.Vaikkam Karunanithi, learned Government Advocate for respondent.

2. Criminal Miscellaneous Petitions have been filed praying to suspend the sentence imposed upon petitioner by District Munsif- cum-Judicial Magistrate Court, Thiruvidaimaruthur in C.C.No.363 of 2019, which was confirmed by Principal Sessions Judge, Thanjavur in Crl.A.No.180 of 2024 dated 19.11.2025 and to exempt petitioner from surrendering before the Court below.

3. Learned counsel for petitioner would submit that petitioner was convicted by District Munsif- cum-Judicial Magistrate Court, Thiruvidaimaruthur for the offences punishable under Sections 279 and 304-A of IPC in C.C.No.363 of 2019 dated 28.06.2024 and sentenced as follows:-

(i) to pay fine of Rs.1000/-, in default to undergo one month simple imprisonment for offence under Section 279 IPC;

(ii) to undergo one year simple imprisonment and to pay fine of Rs.5000, in default to undergo three months simple imprisonment for offence under Section 304-A of IPC.

Aggrieved, petitioner filed Criminal Appeal No.180 of 2024 before Principal Sessions Judge, Thanjavur and lower Appellate Court vide order dated 19.11.2025, dismissed the appeal confirming the judgment passed by Trial Court. Challenging the above conviction and sentence, petitioner has filed Criminal Revision Petition in Crl.RC(MD)No.342 of 2026 before this Court along with the instant miscellaneous petitions seeking suspension of sentence, bail and exemption from surrender.

4. Learned counsel for petitioner further submits that petitioner has a good case, inter alia, stating that there are discrepancies and inconsistencies in the evidence; and that the courts below failed to consider the road conditions at the place of occurrence, which is considered would show that rash and negligent driving is improbable.

5. Learned counsel for petitioner would further submit that petitioner has raised other substantial grounds in above revision; and that he also paid fine amount as per the order of trial Court. Hence, he prayed for granting suspension of sentence, bail and exemption from surrender.

6. Learned Government Advocate (Crl.Side) appearing for respondent has opposed the submissions made by learned counsel for petitioner and submits that judgments passed by both the Courts are as per law after considering the entire evidence, thus the relief sought by the petitioner at this stage be refused by this Court.

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 likely to take a while before the revision is finally heard1, this Court is inclined to grant suspension of sentence, bail and exempt the petitioner from surrendering before trial court, on the following conditions, till the disposal of the 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 District Munsif- cum-Judicial Magistrate Court, Thiruvidaimaruthur;

Atul Alias Ashutosh vs State of Madhya Pradesh, (2024) 3 SCC 663

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 District Munsif- cum-Judicial Magistrate Court, Thiruvidaimaruthur, on the first working day of every English calendar month at 10.30 a.m., until further orders; 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, these Criminal Miscellaneous Petitions are ordered. 25-02-2026 (1/2) rgm

To 1.The District Munsif- cum-Judicial Magistrate Court, Thiruvidaimaruthur 2.The Principal Sessions Judge, Thanjavur 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.