Muthaiah v. State Of Tamilnadu Rep By Inspector Of Police, Koomapatty
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 02/04/2026
CORAM
THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI in CRL RC(MD). No.599 of 2026 Muthaiah ... Petitioner Vs State of Tamilnadu Rep by Inspector of Police, Koomapatty Police Station, Virudhunagar District.
Crime No.112/2021.
... Respondent PRAYER :- To Suspend the Sentence imposed by the learned Additional District Judge, Srivilliputhur in Judgment dated 24.02.2026 passed in C.A No.5 of 2024 confirming Conviction of Petitioner for offences under section 294(b) of Indian Penal Code and sentencing him to undergo one month simple imprisonment and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act to undergo two years simple imprisonment and to pay a fine of Rs.10,000/- in default to undergo additional two months of simple imprisonment, imposed by the learned Additional 1/6
Mahila Court of Judicial Magistrate, Srivilliputhur in judgment dated 14.12.2023 passed in C.C.No.67 of 2022 pending disposal of the criminal revision petition.
For Petitioner : Mr. A.L.Kannan, Advocate.
ORDER
This Criminal Miscellaneous Petition has been filed to suspend the sentence of imprisonment imposed by the learned Additional District Judge, Srivilliputhur in C.A No.5 of 2024 dated 24.02.2026, confirming the conviction and sentence imposed by the learned Additional Mahila Court of Judicial Magistrate, Srivilliputhur in C.C.No.67 of 2022 dated 14.12.2023 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 14.12.2023, and the trial Court sentenced him to undergo simple imprisonment for a period of one month under Section 294(b) of IPC and two years simple 2/6
imprisonment along with a fine of Rs.10,000/- under Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, totalling two years and one month of imprisonment.
3. The learned Additional District Judge, Srivilliputhur, confirmed the conviction, and sentence and dismissed the Criminal Appeal in C.A No.5 of 2024 dated 24.02.2026. 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 submissions 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 3/6
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.
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 Additional Mahila Court of Judicial Magistrate, Srivilliputhur;
(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 Additional Mahila Court of Judicial Magistrate, Srivilliputhur, on all working days at 10.30 a.m., until further orders.
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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.5,000/- (Rupees Five 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.
8. Post the matter after four weeks, for reporting compliance. 02.04.2026 pnn Note: Issue order copy on 06.04.2026 To
1. The Additional District Judge, Srivilliputhur.
2. The Additional Mahila Court of Judicial Magistrate, Srivilliputhur.
3. The Inspector of Police, Koomapatty Police Station, Virudhunagar District. Crime No.112/2021.
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.599 of 2026 Date : 02/04/2026 6/6