← Library
Madras High CourtCRL MP(MD)/11289/2025ordered

M. Muthu v. The State Of Tamilnadu

2025-08-25Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25-08-2025

CORAM

THE HONOURABLE MRS JUSTICE L.VICTORIA GOWRI IN CRL RC(MD) NO. 1149 of 2025 M.Muthu ... Petitioner Vs.

The State of Tamil Nadu, Rep. By the Inspector of Police, Civil Supplies CID, Madurai.

(Crime No.142 of 2013) ... Respondent Prayer : This Civil Miscellaneous Petition is filed under Section 343 of BNSS, 2023, to enlarge the petitioner on bail by suspending the sentence imposed in Crl.A.No.46 of 2020 by the learned VI Additional District and Sessions Judge, Madurai, dated 31.07.2025, confirming the judgment of conviction and sentence made in C.C.No.6 of 2014, by the learned Judicial Magistrate No.III, (CCIW), Madurai, dated 10.03.2020. For Petitioner : Mr.T.Leninkumar For Respondent : Mr.M.Sakthi Kumar Government Advocate 1/5

ORDER

This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed on the petitioner in Crl.A.No.46 of 2020 dated 31.07.2025, on the file of the learned VI Additional District and Sessions Judge, Madurai, confirming the conviction and sentence imposed in the judgment, dated 10.03.2020 passed in C.C.No.6 of 2014 on the file of the learned Judicial Magistrate No.III, (CCIW), Madurai 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 learned trial Court on 10.03.2020 for the offence under Section 6(4) of TNSC (RDCS) order, 1982 r/w. 7(1)(a)(ii) of EC Act, 1955 and the learned trial Court sentenced him to undergo simple imprisonment for a period of six months and to pay a fine of Rs.100/-, in default, to undergo simple imprisonment for a period of 15 days in C.C.No.6 of 2014 on the file of the learned Judicial Magistrate No.III, (CCIW), Madurai.

3. The learned VI Additional District and Sessions Judge, Madurai, confirmed the conviction and sentence and dismissed the Criminal Appeal No.46 of 2020, 2/5

dated 31.07.2025. Challenging the same, the present Criminal Revision Case has been filed before this Court along with this Criminal Miscellaneous Petition seeking suspension of sentence.

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, 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 3/5

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, (CCIW), Madurai ; (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, (CCIW), Madurai, on all working days at 10.30 a.m., until further orders.

sd/- 25/08/2025 / TRUE COPY / /09/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

4/5

Mrn To 1.The VI Additional District and Sessions Judge, Madurai. 2.The Judicial Magistrate No.III, (CCIW), Madurai. 3.Do through the Chief Judicial Magistrate, Madurai. 4.The Inspector of Police, Civil Supplies CID, Madurai. 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN IN CRL RC(MD) NO. 1149 of 2025 Date :25/08/2025 PR/01.09.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5