Murugan v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :13.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI in Crl.RC(MD) No.325 of 2025 Murugan ... Petitioner Vs.
State of Tamil Nadu, Rep by the Inspector of Police, S.P.Pattinam Police Station, Ramanathapuram.
... Respondent For Petitioner :
Mr.R.Senthil Kumar For Respondent :
Mrs.Aasha Government Advocate
O R D E R
The petitioner, an accused in CC No.211 of 2022, on the file of the Judicial Magistrate, Thiruvadanai was found guilty by the trial Court and was convicted and sentenced by the trial Court as under:- 1/4
Sl.No Sections Punishment Fine amount Default 1.
279 IPC - Rs.1,000/- One week simple imprisonment 2.
304(A) IPC Six months simple Imprisonment - - As against the conviction and sentence imposed by the trial Court in CC.No.211 of 2022, dated 09.10.2023, the petitioner has filed an Appeal in C.A No.5 of 2024 before the Principal Sessions Court, Ramanathapuram and the first Appellate Court has dismissed the appeal by confirming the conviction and sentence imposed by the trial Court. Challenging the same, the petitioner has filed a Criminal Revision in Crl.RC (MD) No.325 of 2025 before this Court and the same is admitted today. The petitioner has also moved this application to suspend the sentence imposed on him by the trial Court.
2.The learned counsel appearing for the petitioner submits that the petitioner is a driver, working in Tamil Nadu State Transport Corporation. According to him, the deceased died due to his own negligence, however, the petitioner has been arrayed as accused and convicted as stated supra. 3.The learned Government Advocate appearing for the respondent submits that after examining the evidence and the materials placed before the trial Court, the learned trial Judge has convicted this petitioner and the first Appellate Court has 2/4
also confirmed the conviction and sentence imposed by the trial Court. 4.This Court considered the rival submissions made and also perused the materials placed on record.
5.The learned counsel for the petitioner has raised certain arguable points, which can be considered only during the final hearing of the Revision. However the Revision could not be taken up for final hearing for want of time. In view of the above, this Court is inclined to suspend the sentence imposed on the petitioner.
6. Accordingly, the substantive sentence of imprisonment alone is suspended pending disposal of the criminal revision and the petitioner is ordered to be enlarged on bail on executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate Court, Thiruvadanai and on further condition that the petitioner shall report before the trial Court once in a month on the first working day of every English Calender month at 10.30 a.m., till the disposal of the revision. sd/- 13/03/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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vrn TO 1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, RAMANATHAPURAM.
2 THE JUDICIAL MAGISTRATE, THIRUVADANAI.
3 THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT.
4 THE INSPECTOR OF POLICE, S.P. PATTINAM POLICE STATION, RAMANATHAPURAM, 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.R.SENTHILKUMAR, Advocate ( SR-2749[I] dated 13/03/2025 )
ORDER
IN CRL MP(MD) No.3345 of 2025 Date :13/03/2025 MK/SKN/SAR /24.03.2025 4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4