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Madras High CourtCRL MP(MD)/7378/2026ordered

G. Saravanan v. The State Of Tamilnadu, Rep. By The Inspector Of Forest Range Officer,

2026-04-30Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2026

CORAM

THE HONOURABLE MRS JUSTICE L.VICTORIA GOWRI CRL MP(MD) NO. 7378 of 2026 in CRL RC(MD) NO. 610 of 2026 G.Saravanan ... Petitioner Vs.

The State of Tamilnadu, Rep. by the Inspector of Forest Range Officer, Kannivadi Forest Range Department, Kannivadi, Dindigul District.

Cr.No.2/2009 ... Respondent Prayer : This Criminal Miscellaneous Petition is filed under Section 377(1) of Cr.P.C., (U/s. 438(i) of BNSS) to suspend the sentence imposed on the Revision petitioner by The Learned Additional District and Sessions Judge, Dindigul in C.A.No.27 of 2019 dated 19.02.2026, whereby confirming the judgment passed by the Learned Judicial Magistrate No.II, Dindigul in C.C.No. 801 of 2010 dated 14.02.2019.

For Petitioner : Mr.C.Susikumar For Respondent : Mr.S.Ravi Additional Public Prosecutor 1/5

ORDER

This Criminal Miscellaneous Petition has been filed to suspend the sentence of imprisonment imposed by the learned Additional District and Sessions Judge, Dindigul, in C.A.No.27 of 2019 judgment dated 19.02.2026, confirming the conviction and sentence imposed by the learned Judicial Magistrate No.II, Dindigul, in C.C.No.801 of 2010, dated 14.02.2019 and enlarge the petitioner on bail, pending disposal of the criminal revision petition.

2. The learned counsel appearing for the petitioner submitted that the petitioner has been convicted by the trial Court on 14.02.2019, and the trial Court sentenced him to undergo three years of imprisonment and imposed Rs. 1,000/- of fine and default to pay the fine amount to undergo six months imprisonment, for the offence under Section 49A(b) and 49(B)(a)(i) read with Section 51(1A) of the Wildlife(Protection) Act in C.C.No.801 of 2010 on the file of the learned Judicial Magistrate No.II, Dindigul.

3. The learned Additional District and Sessions Judge, Dindigul, confirmed the conviction, and confirmed the sentence and dismissed the Criminal Appeal No. 27 of 2019 dated 19.02.2026. Challenging the same, the 2/5

present Criminal Revision Case has been filed before this Court along with this Criminal Miscellaneous Petition seeking suspension of sentence.

4. The learned counsel for the petitioner submitted that there are several infirmities in the prosecution case, and also there are contradictions in material particulars between the evidence of the prosecution witnesses.

5. This Court has carefully considered the rival contentions put forward by either side and also perused the materials available on record.

6. 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 and as such, and also considering the fact that the petitioner has good chance of succeeding in the revision petition, this Court is of the considered view that the petitioner herein is entitled to the relief of grant of suspension of sentence. 3/5

7. 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.II, Dindigul;

(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 (iii) The petitioner shall appear before the learned Judicial Magistrate No.II, Dindigul, on all working days at 10.30 a.m., until further orders.

30.04.2026 Sml Note: Issue Order copy on 08.05.2026 To The Judicial Magistrate No.II, Dindigul.

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L.VICTORIA GOWRI, J., Sml Crl. MP(MD)No.7378 of 2026 in CRL RC(MD)No.610 of 2026 30.04.2026 5/5