Saravanakumar v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22-05-2025
CORAM
THE HONOURABLE MR JUSTICE P.VADAMALAI in CRL A(MD) NO. 564 of 2025 Saravanakumar S/o. Kani, School Street, Sangupuram Post, Tirunelveli District. and 2 Others Petitioner(s) Vs The State of Tamil Nadu, Rep. by The Deputy Superintendent of Police, Puliankudi, Vasudevanallur Police Station, Tirunelveli District. (Crime No. 165 of 2015) and another Respondent(s) For Petitioner(s):
K. Prabhu K.Jeyamohan M. Ashwini K. Ajay Sundar 9443185121 For Respondent(s):
Mr.P.Kottai Chamy Government Advocate (Crl.Side)
ORDER
This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed on the petitioners by the learned Principal District and Sessions Judge, 1/4
Tenkasi in S.C.No.152 of 2025 dated 22.04.2025.
2. The learned counsel for the petitioners/appellants submitted that the petitioners have been convicted by the learned trial Judge for the offences punishable under Sections 3(1)(x) of SC and ST Act and sentenced them to undergo each one year simple imprisonment year and to pay a fine of Rs.1,000/- (Rupees One Thousand only) (each) in default to undergo simple imprisonment for a period of one month (each).
3. Further, the learned counsel for the petitioners/appellants submitted that fine amount has been paid and there are several infirmities in the prosecution case and there are contradictions in material particulars between the evidence of the prosecution witnesses.
4. The learned Government Advocate (Crl.Side) submitted that there are enough materials available on record against the petitioners as per the evidence adduced by the prosecution and there is no infirmity in the prosecution case and prays for dismissal of this petition.
5. This Court has carefully considered the contentions made and also perused the materials available on record.
6. The learned counsel for the petitioners/appellants pointed out that certain infirmities and inconsistencies in this case and also certain contradictions in material 2/4
particulars. The fact remains that there are arguable points involved in this criminal appeal and further the criminal appeal is not likely to be taken up for final hearing in the near future and as such, this Court is of the considered view that the petitioners herein/appellants are 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 appeal on the petitioners executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) (each) with two sureties each for a like sum to the satisfaction of learned Principal District and Sessions Judge, Tenkasi and on further condition that the petitioners shall appear before the said Court once in a month i.e., on the first working day of every English calendar month at 10.30 a.m., until further orders. sd/- 22/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LR TO 1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, TENKASI.
2 THE DEPUTY SUPERINTENDENT OF POLICE, PULIANKUDI, VASUDEVANALLUR POLICE STATION, TIRUNELVELI DISTRICT. 3/4
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.K.PRABHU, Advocate ( SR-5751[I] dated 23/05/2025 )
ORDER
IN in CRL A(MD) NO. 564 of 2025 Date :22/05/2025 SA/SAR. /27.05.2025/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4