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Madras High CourtCRL MP(MD)/9914/2026allowed

Venkatesh Kannan v. State Of Tamilnadu Rep By The Sub Inspector Of Police, Maraneri

2026-05-21Honourable Mr Justice R.Vijayakumar7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.05.2026

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR in Crl.RC.(MD)No.850 of 2026 Venkatesh Kannan ... Petitioner in both petitions Vs.

State Of Tamilnadu Rep By The Sub Inspector Of Police, Maraneri Police Station, Sivakasi Virudhunagar District.

... Respondent in both petitions PRAYER in Crl.M.P.(MD).No.9914 of 2026 :- To suspend the sentence imposed by the learned Additional District and Sessions Judge, Srivilliputhur in Crl.A.No.69/2022 dated 30.04.2026 and the confirming Judgment passed by the Learned Judicial Magistrate No.1, Sivakasi in CC No.80/2019 dated 06.06.2022 and enlarge the petitioner on bail pending disposal of the main Criminal Revision Case. 1/7

PRAYER in Crl.M.P.(MD).No.9915 of 2026 :- To Exempt the petitioner from surrendering before the trial court pursuant to the Judgment and sentence passed by the Learned Additional District and Sessions Judge, Srivilliputhur in Crl.A.No.69/2022 dated 30.04.2026 and the confirming judgment passed by the learned Judicial Magistrate No.I, Sivakasi in C.C.No.80 of 2019 dated 06.06.2022 pending disposal of the main Criminal Revision Case. For Petitioner : Mr.S.A.Ajin Singh For Respondent : Mr.Abul Kalam Azad Government Advocate (crl.side)

ORDER

Heard Mr.S.A.Ajin Singh, learned counsel appearing for petitioner and Mr.Abul Kalam Azad, learned Government Advocate appearing for the respondent and perused the materials available on record.

2. Criminal Miscellaneous Petitions have been filed, praying to suspend the sentence imposed upon the petitioner by the learned Judicial Magistrate No.I, Sivakasi in C.C.No.80 of 2019 dated 06.06.2022, which was confirmed by the learned Additional District & Sessions Judge, Srivilliputhur, Virudhunagar District in Crl.A.No.69 of 2022 dated 30.04.2026 and to exempt the petitioner from surrendering before the Court below.

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3. The learned Counsel appearing for the petitioner would submit that the petitioner/A3 was convicted by the Judicial Magistrate, No.I, Sivakasi for the offences punishable under Sections 414 of IPC in C.C.No.80 of 2019 dated 06.06.2022 and sentenced as follows:- (I) to undergo one year Rigorous Imprisonment and to pay a fine of Rs.1,000/- in default, to undergo one month simple imprisonment.

4. Aggrieved, the petitioner herein filed Criminal Appeal No.69 of 2022, before the learned Additional District & Sessions Judge, Srivilliputhur, Virudhunagar District and the lower Appellate Court vide order dated 30.04.2026, dismissed the appeal confirming the judgment passed by the Trial Court. Challenging the above conviction and sentence, petitioner has filed Criminal Revision Petition in Crl.RC(MD)No.850 of 2026 before this Court along with the instant miscellaneous petitions seeking suspension of sentence, bail and exemption from surrender.

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5. The learned Counsel appearing for the petitioner would further submit that petitioner has raised substantial grounds in above revision, which requires consideration. Hence, he prayed for granting suspension of sentence and bail to petitioner.

6. Learned Government Advocate appearing for the respondent has opposed the submissions made by the learned Counsel for the petitioner and submits that the judgments passed by both the Courts are as per law after considering the entire evidence, thus the relief sought by the petitioner at this stage be refused by this Court.

7. Considering the fact that there are arguable points raised in revision and taking into consideration of the facts and circumstances of the case, this Court is inclined to grant suspension of sentence, bail and exempt the petitioner/A3 from surrendering before the trial court, on the following conditions, till the disposal of the above Criminal Revision: 4/7

i) Petitioner/A3 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 learned Judicial Magistrate No.I, Sivakasi, Virudhunagar District; ii) Petitioner/A3 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/A3 shall appear and sign before the learned Judicial Magistrate No.I, Sivakasi, Virudhunagar District, on the first working day of every English calendar month at 10.30 a.m., until further orders; iv) In case, petitioner/A3 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.

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8. Accordingly, these Criminal Miscellaneous Petitions are ordered.

21.05.2026 (1/2) gvn To:

1. The Judicial Magistrate No.I, Sivakasi.

2. The Additional District & Sessions Judge, Srivilliputhur, Virudhunagar District

3. The Inspector of Police, Maraneri Police Station, Sivakasi, Virudhunagar District, Crime No.102/2019.

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R.VIJAYAKUMAR, J.

gvn Crl.MP(MD)Nos.9914 and 9915 of 2026 in Crl.RC.(MD)No.850 of 2026 Dated: 21.05.2026 (1/2) 7/7