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Madras High CourtCRL MP(MD)/1405/2026ordered

Jeyabalan v. State Of Tamilnadu, Rep By Forest Range Officer, Oddanchathiram Range,

2026-02-05Honourable Mr Justice Mohammed Shaffiq6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 05/02/2026

CORAM

THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ in CRL RC(MD)No.110 of 2026 Jeyabalan S/o.Saathulingam ... Petitioner Vs State of Tamilnadu, rep by Forest Range Officer, Oddanchathiram Range, Dindigul District WLOR No.1/2006.

... Respondent PRAYER in Crl.M.P.(MD).No.1405 of 2026 :- To Suspend the sentence imposed in Crl.A.No.73 of 2019 by the Additional District and Sessions Court Palani dated 08.11.2021 by confirming the conviction and sentence of the petitioner imposed in C.C.No.371 of 2006 by the Judicial Magistrate Court, Palani, dated 26.08.2019 and enlarge the petitioner on bail and pass such further or other order.

For Petitioner : Mr.T.Leninkumar For Respondent : Mr.Vaikkam Karunanithi Government Advocate (Crl.side) 1/6

ORDER

Heard Mr.T.Leninkumar, learned Counsel for petitioner and Mr.Vaikkam Karunanithi, learned Government Advocate (Crl.side) appearing for respondent.

2. Criminal Miscellaneous Petition has been filed, praying to suspend the sentence imposed on petitioner by Judicial Magistrate, Palani, in C.C.No.371 of 2006 vide order dated 26.08.2019, which was confirmed by learned Additional District and Sessions Judge, Palani in Crl.A.No.73 of 2019, vide order dated 08.11.2021. 3.Learned counsel for petitioner would submit that petitioner was convicted by Judicial Magistrate, Palani, for offences punishable under Sections 9, 39(1), 50(1)(C) (4)(c)(9), 51(1) of Wild Life (Protection) Act, 1972 in C.C.No.371 of 2006 dated 26.08.2019 and sentenced as follows: (i) to undergo three years Simple imprisonment and to pay a fine of Rs.10,000/-, in default to undergo two months simple imprisonment for offence under sections 9, 39(1), 50(1)(C) (4)(c)(9), 51(1) of Wild Life (Protection) Act, 1972.

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4. Aggrieved, petitioner filed Criminal Appeal No.73 of 2019, before Additional District & Sessions Court, Palani and the lower Appellate Court vide order dated 08.11.2021, dismissed the appeal and confirmed the judgment passed by Trial Court. Aggrieved, petitioner filed present Criminal Revision Petition in Crl.RC(MD)No.110 of 2026 before this Court along with instant miscellaneous petition seeking suspension of sentence and bail.

5. Learned Counsel for petitioner would submit that this Court vide order dated 27.01.2026 in Crl.RC(MD).No.110 of 2026 directed the petitioner to surrender before Judicial Magistrate, Palani on or before 30.01.2026, in view of the fact that NBW was pending as against the petitioner. In compliance of the above order, petitioner had surrendered before the Judicial Magistrate, Palani on 30.01.2026, and the same was acceded to by learned Government Advocate (Crl.side).

6. He would also submit that petitioner has raised substantial grounds in the above revision, which requires consideration. He would further submit that petitioner has also paid fine amount as per the order 3/6

of the trial Court. Hence, he prayed for granting suspension of sentence and bail to petitioner.

7.Considering the fact that there are arguable points raised in revision and taking into consideration, facts and circumstances of the case and that it is also likely to take a while before the revision is finally heard1, this Court is inclined to grant suspension of sentence and bail, on the following conditions, till the disposal of above Criminal Revision: i) Petitioner is directed to be enlarged on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the Judicial Magistrate, Palani.

ii) Petitioner and sureties shall affix their photographs and Left Thumb Impression in the bond and the above said Court may obtain a copy of their Aadhaar card or Bank pass Book to ensure their identity; iii) Petitioner shall appear and sign before the Judicial Magistrate, Palani, on the first working day of every month at 10.30 a.m., until the disposal of revision;

Atul Alias Ashutosh vs State of Madhya Pradesh, (2024) 3 SCC 663 4/6

iv) In case, petitioner is not able to appear before the said Court on any day, he shall make arrangements to file an application under Section 317 Cr.P.C. (corresponding to 355 B.N.S.S) and shall appear before the said Court on any other day in lieu of the date of his absence, as directed by the said Court.

8. Accordingly, this Criminal Miscellaneous Petition is ordered. 05.02.2026 1/2 gvn Note:

Issue order copy on 06.02.2026 5/6

MOHAMMED SHAFFIQ, J gvn To 1.The Additional District and Sessions Judge, Palani.

2. The Judicial Magistrate, Palani.

3. The Forest Range Officer, Oddanchathiram Range, Dindigul District.

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

5. Officer-in-charge, Central Prison, Madurai.

ORDER

IN in CRL RC(MD)No.110 of 2026 Date : 05/02/2026 1/2 6/6