M.Surendiran v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2025

CORAM

THE HONOURABLE MRS JUSTICE L.VICTORIA GOWRI IN CRL RC(MD) NO. 887 of 2025 M.Surendiran ... Petitioner Vs.

State of Tamilnadu, Rep. by the Inspector of Police, Ramji Nagar Police Station, Tiruchirappalli.

... Respondent Prayer : This Criminal Miscellaneous Petition is filed under Section 377(1) of Cr.P.C., (U/s. 438(i) of BNSS) to suspend the sentence by granting bail in Crl.A.No.68 of 2024 dated 07.07.2025 on the file of the Additional District and Sessions Judge (PCR) Trichirappalli in confirming the judgment of the learned Judicial Magistrate No.III, Trichy District in C.C.No.775 of 2020 dated 12.07.2024 till the disposal of the criminal revision petition.

For Petitioner : Mr.G.Prabhu Rajadurai For Respondent : Mr.S.Ravi, Additional Public Prosecutor 1/5

ORDER

This Criminal Miscellaneous Petition has been filed to suspend the sentence by granting bail in Crl.A.No.68 of 2024 dated 07.07.2025 on the file of the Additional District and Sessions Judge (PCR) Trichirappalli in confirming the judgment of the learned Judicial Magistrate No.III, Trichy District in C.C.No.775 of 2020 dated 12.07.2024 till the 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 12.07.2024, and the trial Court sentenced him to pay a fine of Rs.1,000/-, for the offence under Section 279 of IPC and simple imprisonment for two years and fine amount of Rs.5,000/- for the offence under Section 304(1) of IPC in C.C.No.775 of 2020 on the file of the learned Judicial Magistrate No.III, Trichy District.

3. The learned Additional District and Sessions Judge (PCR) Trichirappalli, confirmed the conviction, and confirmed the sentence and dismissed the Criminal Appeal No.68 of 2024 dated 07.07.2025. Challenging the same, the present Criminal Revision Case has been filed before this Court along with this Criminal Miscellaneous Petition seeking suspension of sentence.

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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.

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.

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7. 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 Judicial Magistrate No.III, Trichy District;

(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.III, Trichy District, on all working days at 10.30 a.m., until further orders.

sd/- 18/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE NO.III, TRICHY DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY. 3 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE ( PCR), TRICHIRAPPALLI.

4 THE INSPECTOR OF POLICE, RAMJI NAGAR POLICE STATION, TIRUCHIRAPPALLI.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.G.PRABHURAJADURAI, Advocate ( SR-7760[I] dated 18/07/2025 )

ORDER

IN CRL MP(MD) No.9469 of 2025 Date :18/07/2025 AS/21.07.2025/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5