B.Anbalagan v. P.Ravi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.05.2026

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL MP(MD) Nos. 9784 & 9785 of 2026 IN CRL RC(MD) NO. 838 of 2026 B.Anbalagan ... Petitioner Vs.

P.Ravi ... Respondent Prayer in Crl.M.P.(MD) No.9784 of 2026: This Criminal Miscellaneous Petition is filed under Section 377(1) of Cr.P.C., (U/s. 438(i) of BNSS) to suspend the sentence of imprisonment imposed by the learned District and Sessions Judge, Karur, in Crl.A.No.138 of 2023 judgment dated 07.02.2026 confirming the conviction and sentence imposed by the learned Judicial Magistrate No.I, Karur in C.C.No.355 of 2022 dated 18.07.2023 and enlarge the petitioner on bail, pending disposal of the criminal revision petition. Prayer in Crl.M.P.(MD) No.9785 of 2026: This Criminal Miscellaneous Petition is filed under Section 528 of BNSS to exempt the petitioner from 1/6

surrender of the petitioner pursuant to Crl.A.No.138 of 2023 on the file of the the learned District and Sessions Judge, Karur, dated 07.02.2026 confirming the conviction and sentence imposed by the learned Judicial Magistrate No.I, Karur in C.C.No.355 of 2022 dated 18.07.2023 and enlarge the petitioner on bail, pending disposal of the criminal revision petition. For Petitioner : Mr.R.Jothiraj COMMON ORDER This Criminal Miscellaneous Petition has been filed to (i) suspend the sentence of imprisonment imposed by the learned District and Sessions Judge, Karur, in Crl.A.No.138 of 2023 judgment dated 07.02.2026 confirming the conviction and sentence imposed by the learned Judicial Magistrate No.I, Karur in C.C.No.355 of 2022 dated 18.07.2023 and enlarge the petitioner on bail, pending disposal of the criminal revision petition, (ii) exempt the petitioners to surrender.

2. The learned counsel appearing for the petitioner submitted that the trial Court has imposed punishment as follows: 2/6

Accused Sections Sentence Accused No.1 120(b) of IPC 6 months S.I.

420 of IPC 2 years S.I. and fine Rs. 5000/- in default to undergo 1 month S.I.

465 of IPC 2 Years S.I.

467 of IPC 2 years S.I. and fine Rs.5000/- in default to undergo 1 month S.I.

468 of IPC 3 years S.I. and fine Rs.5000/- in default to undergo 1 month S.I.

3. The learned District and Sessions Judge, Karur, confirmed the conviction, and confirmed the sentence and dismissed the Crl.A.No.138 of 2023 judgment dated 07.02.2026. 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. 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. 3/6

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 in Crl.M.P.(MD) No.9784 of 2026 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.I, 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 Judicial Magistrate No.I, Karur, on all working days at 10.30 4/6

a.m., until further orders.

8. The petition in Crl.M.P.(MD) No.9785 of 2026 is dismissed as withdrawn.

07.05.2026 apd To

1. The Judicial Magistrate No.I, Karur.

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

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S.SRIMATHY, J., apd Crl. MP(MD)Nos.9784 & 9785 of 2026 in CRL RC(MD)No. 838 of 2026 07.05.2026 (2/2) 6/6