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Madras High CourtCRL MP(MD)/6991/2026ordered

V.Periyasamy v. State Of Tamilnadu Rep By Inspector Of Police, Karur Town

2026-04-02Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.04.2026

CORAM

THE HONOURABLE MRS JUSTICE L.VICTORIA GOWRI CRL MP(MD) NO. 6991 of 2026 IN CRL RC(MD) NO. 582 of 2026 V.Periyasamy ... Petitioner Vs.

The State of Tamilnadu, Rep. by the Inspector of Police, Karur Town Police Station, Karur District.

(Crime No.893/2020) ... 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 passed against the petitioner in C.C.No.273 of 2022 dated 12.10.2023 on the file of the Chief Judicial Magistrate, Karur and as confirmed by the learned District and Sessions Judge, Karur in Crl.A No.196 of 2023 dated 07.01.2026. For Petitioner : Mr.R.Mathiyalagan For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/6

ORDER

This Criminal Miscellaneous Petition has been filed to suspend the sentence passed against the petitioner in C.C.No.273 of 2022 dated 12.10.2023 on the file of the Chief Judicial Magistrate, Karur and as confirmed by the learned District and Sessions Judge, Karur in Crl.A No.196 of 2023 dated 07.01.2026.

2. The learned counsel appearing for the petitioner submitted that the petitioner has been convicted by the trial Court on 12.10.2023, and the trial Court sentenced him to undergo simple imprisonment for a period of three years, for the offence under Section 279 of IPC and directed to pay a fine of Rs. 1000/- for the offence under Section 338 of IPC and simple imprisonment for a period two years for the offence under Section 304(A) of IPC in C.C.No.273 of 2022 on the file of the learned Chief Judicial Magistrate, Karur.

3. The learned District and Sessions Judge, Karur, confirmed the conviction, and confirmed the sentence and dismissed the Crl.A No.196 of 2023 dated 07.01.2026. Challenging the same, the present Criminal Revision Case has been filed before this Court along with this Criminal Miscellaneous 2/6

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.

7. Accordingly, this petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the revision with the 3/6

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 Chief Judicial Magistrate, Karur;

(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 trial Court, on all working days at 10.30 a.m., until further orders.

8. Considering the facts and circumstances of the case, the petitioner is directed to pay an amount of Rs.10,000/- (Rupees Ten Thousand only) to the credit of WAA Cornelia Sorabjee Lecture Series, A/C No.6687756541, IFSC Code:IDIB000H040, within a period of two weeks from today.

9. List the matter after two weeks for reporting compliance. 02.04.2026 gbg 4/6

To 1.The District and Sessions Judge, Karur.

2.The Chief Judicial Magistrate, Karur.

3.Do through the Chief Judicial Magistrate, Karur District.

4.The Inspector of Police, Karur Town Police Station, Karur District.

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

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L.VICTORIA GOWRI, J., gbg Crl. MP(MD)No.6991 of 2026 in CRL RC(MD)No.582 of 2026 02.04.2026 6/6