Mayalagu v. State Of Tamilnadu Rep By Inspector Of Police, Karuppayurani

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ in Crl.RC.(MD)No.1666 of 2025 Mayalagu ... Petitioner Vs.

The State of Tamil Nadu, Represented by, The Inspector of Police, Karuppayurani Police Station, Madurai District.

(Crime No.212 of 2017) ... Respondent Prayer in Crl.M.P(MD)No.20572 of 2025:

To suspend the sentence imposed upon the petitioner by the learned VI Additional District and Sessions Judge, Madurai in Crl.A.No. 19 of 2023, dated 31.07.2025, by confirming the order of conviction and sentence rendered by the Judicial Magistrate No.II, Madurai, in C.C.No. 01 of 2018, dated 30.01.2023, pending disposal of the main Criminal Revision Petition.

Prayer for Crl.M.P(MD)No.20573 of 2025:

To exempt the petitioner from surrender pursuant to the conviction and sentence imposed upon the petitioner by the learned VI Additional District and Sessions Judge, Madurai in Crl.A.No.19 of 2023, dated 31.07.2025, by confirming the order of conviction and sentence rendered 1/7

by the Judicial Magistrate No.II, Madurai, in C.C.No.01 of 2018, dated 30.01.2023 pending disposal of the main criminal revision petition. For Petitioner : Mr.K.P.Ilakkiya For M/s.APL Law Associates For Respondent : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

Heard Mr.K.P.Ilakkiya, for M/s.APL Law Associates learned Counsel for the Revision Petitioner and Mr.A.Thiruvadikumar, learned Additional Public Prosecutor, who accepts notice on behalf of the Respondent.

2. Criminal Miscellaneous Petitions have been filed praying to suspend the sentence imposed upon petitioner by Judicial Magistrate No.II, Madurai, in C.C.No.01 of 2018, dated 30.01.2023, which was confirmed by VI Additional District and Sessions Judge, Madurai in Crl.A.No.19 of 2023, dated 31.07.2025 and to exempt the petitioner from surrendering before the Court below.

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3. Learned counsel for petitioner would submit that petitioner was convicted and sentenced by Judicial Magistrate No.II, Madurai, in C.C.No.01 of 2018, dated 30.01.2023 for the following offences: (i) to undergo Simple Imprisonment for a period of 6 months and to pay a fine of Rs.1000/- in default of payment, to undergo Simple Imprisonment for a period of 1 month, for offence under Section 279 of IPC.

(ii) to undergo Simple Imprisonment for a period of two years and to pay a fine of Rs.4000/- in default of payment, to undergo Simple Imprisonment for a period of 1 month, for offence under Section 304-A of IPC.

3.1.Aggrieved, petitioner filed Criminal Appeal No.19 of 2023 before VI Additional District and Sessions Judge, Madurai and lower Appellate Court vide order dated 31.07.2025, dismissed the appeal confirming the judgment passed by Trial Court. Aggrieved, petitioner filed present Criminal Revision Petition in Crl.RC(MD)No.1666 of 2025 before this Court along with instant miscellaneous petition seeking suspension of sentence, bail and exemption from surrender. 3/7

4. Learned Counsel for petitioner would further submit that petitioner has raised substantial grounds in above revision, which requires consideration; and that he also paid fine amount as per the order of trial Court. Hence, he prayed for granting suspension of sentence and bail to petitioner.

5. Learned Additional Public Prosecutor appearing for respondent opposed the submissions of learned counsel for petitioner and submitted that judgments passed by Courts below are as per law after considering the entire evidence, thus the relief sought by petitioner at this stage be refused by this Court.

6. Considering the fact that there are arguable points raised in revision and taking into consideration, facts and circumstances of the case and that it is also likely to take a while before the revision is finally heard1, this Court is inclined to grant suspension of sentence, bail and exempt the petitioner from surrendering before the trial court, on the following conditions, till the disposal of above Criminal Revision: Atul Alias Ashutosh vs State of Madhya Pradesh, (2024) 3 SCC 663 4/7

i) Petitioner 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 Judicial Magistrate No.II, Madurai;

ii) Petitioner 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 shall appear and sign before Judicial Magistrate No.II, Madurai, on the first working day of every month at 10.30 a.m., until the disposal of revision;

iv) In case, if petitioner is not able to appear before the trial 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 trial Court on any other day in lieu of the date of his absence, as directed by the trial Court.

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7. Accordingly, these Criminal Miscellaneous Petitions are ordered.

19.12.2025 Nsr Note: Issue Order Copy on 06.01.2026.

To:

1.The VI Additional District and Sessions Judge, Madurai. 2.The Judicial Magistrate No.II, Madurai.

3.The Inspector of Police, Karuppayurani Police Station, Madurai District.

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

Madurai.

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MOHAMMED SHAFFIQ, J.

Nsr Order made in in Crl.RC.(MD)No.1666 of 2025 Dated: 19.12.2025 7/7