G.Ramesh v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29-07-2025
CORAM
THE HONOURABLE MRS JUSTICE L.VICTORIA GOWRI IN CRL RC(MD) NO. 946 of 2025 G.Ramesh ... Petitioner Vs.
The State of Tamil Nadu, Rep. By the Inspector of Police, K.Paramathi Police Station, Karur District.
Crime No.183 of 2015.
... Respondent Prayer : This Civil Miscellaneous Petition is filed under Section 430 of BNSS, 2023, to suspend the sentence imposed by the learned Principal District Judge, Karur, Crl.A.No.42 of 2023 dated 10.12.2024, by confirming the judgment passed in C.C.No.74 of 2019 dated 22.02.2023 on the file of the learned District Munsif cum Judicial Magistrate, Aravakurichi and enlarge the petitioner on bail pending disposal of above Criminal Revision Case.
For Petitioner : Mr.V.Ajoy Khose For Respondent : Mr.M.Sakthi Kumar, Government Advocate (Crl.) 1/5
ORDER
This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed on the petitioner in C.A.No.42 of 2023 dated 10.12.2024 on the file of the learned Principal District Judge, Karur, confirming the conviction imposed in the judgment, dated 22.02.2023 passed in C.C.No.74 of 2019 on the file of the learned District Munsif cum Judicial Magistrate, Aravakurichi and enlarge the petitioner on bail pending disposal of the Criminal Revision Case.
2. The learned counsel appearing for the petitioner submitted that the petitioner has been convicted by the trial Court on 22.02.2023 for the offence under Section 279, 337, 338 and 304(A) of IPC and the trial Court sentenced him to undergo simple imprisonment for a period of six months and to pay a fine of Rs.1,000/- in default, to undergo simple imprisonment for a period of one month under Section 279 of IPC, further sentenced him to undergo simple imprisonment for a period of three months and to pay a fine of Rs.500/- in default, to undergo simple imprisonment for a period of two weeks under Section 337 of IPC, further sentenced him to undergo simple imprisonment for a period of one year and to pay a fine of Rs.1,000/- in default, to undergo simple imprisonment for a period of one month under Section 338 of IPC and further sentenced him to undergo simple 2/5
imprisonment for a period of one year and to pay a fine of Rs.2,000/- in default, to undergo simple imprisonment for a period of two months under Section 304(A) of IPC in C.C.No.74 of 2019 on the file of the learned District Munsif cum Judicial Magistrate, Aravakurichi.
3. The learned Principal District Judge, Karur, confirmed the conviction, and confirmed the sentence and dismissed the Criminal Appeal No.42 of 2023, dated 10.12.2024. 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.
6. The learned counsel for the petitioner pointed out that there are certain 3/5
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 bonafide expressed by the petitioner, 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 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 District Munsif cum Judicial Magistrate, Aravakurichi ; (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 District 4/5
Munsif cum Judicial Magistrate, Aravakurichi, daily at 10.30 a.m., until further orders.
sd/- 29/07/2025 / TRUE COPY / / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
Mrn To 1.The District Munsif cum Judicial Magistrate, Aravakurichi. 2.Do Through The Chief Judicial Magistrate, Karur District. 3.The Principal District Judge, Karur District. 4.The Inspector of Police, K.Paramathi Police Station, Karur District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.V.AJOY KHOSE, Advocate ( SR-8158[I] dated 30/07/2025 ) ORDER IN CRL MP(MD) No.9970 of 2025 IN CRL RC(MD) No.946 of 2025 Date :29/07/2025 SBN/30.07.2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5