Nallusamy v. State Of Tamilnadu Rep By Inspector Of Police, Cscid

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 01/04/2026

CORAM

THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI in CRL RC(MD). No.584 of 2026 Nallusamy ... Petitioner Vs State of Tamilnadu Rep by Inspector of Police, CSCID, Madurai.

Crime No.160 of 2013.

... Respondent PRAYER :- To Suspend the sentence imposed upon the petitioner by the C.A No. 3/2021 by the VI Addl District and Sessions Judge, Madurai dated 26.02.2026, by confirming the Judgment dated 17.12.2020 passed by the Judicial Magistrate No.III (CCIW) Madurai in CC. No.65 of 2014 pending disposal of the Criminal Revision case. For Petitioner : Mr. T.Leninkumar, Advocate.

For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) 1/6

ORDER

This Criminal Miscellaneous Petition has been filed to suspend the sentence of imprisonment imposed by the learned VI Addl District and Sessions Judge, Madurai in C.A No.3/2021dated 26.02.2026, confirming the conviction and sentence imposed by the learned Judicial Magistrate No.III (CCIW) Madurai in CC. No.65 of 2014 dated 17.12.2020 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 17.12.2020, and the trial Court sentenced him to undergo simple imprisonment for a period of one year, and also to pay Rs.1,000/-, in default to undergo 15 days simple imprisonment, for the offence under Clause 6(2)(3) of TNSC (RDCS) Order 1982 r/w 7(1)(a)(ii) of E.C.Act, 1955 in CC. No.65 of 2014 on the file of the learned Judicial Magistrate No.III (CCIW) Madurai.

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3. The learned VI Addl District and Sessions Judge, Madurai confirmed the conviction, and sentence and dismissed the Criminal Appeal in C.A No.3/2021 dated 26.02.2026. Challenging the same, the present Criminal Revision Case has been filed before this Court along with this Criminal Miscellaneous Petition seeking suspension of sentence.

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

5. 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.

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6. 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.III (CCIW) Madurai;

(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.III (CCIW) Madurai, on all working days at 10.30 a.m., until further orders.

7. Considering the fact that the offence involved is an offence relating to the Court, 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 one week from today. 4/6

8. Post the matter after four weeks, for reporting compliance. 01.04.2026 pnn Note: Issue order copy on 02.04.2026 To

1. The VI Addl District and Sessions Judge, Madurai.

2. The Judicial Magistrate No.III (CCIW) Madurai.

3. The Inspector of Police, CSCID, Madurai.

Crime No.160 of 2013.

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

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L. VICTORIA GOWRI,J pnn

ORDER

IN in CRL RC(MD). No.584 of 2026 Date : 01/04/2026 6/6