Samykannu v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.06.2025
CORAM
THE HONOURABLE MRS JUSTICE L.VICTORIA GOWRI IN CRL RC(MD) NO. 245 of 2025 Samykannu ... Petitioner Vs.
State of Tamil Nadu, Represented by the Inspector of Police, Periyakulam Police Station, Theni.
... Respondent Prayer : This Criminal Miscellaneous Petition is filed under Section 438 of BNSS, to suspend the sentence imposed by the learned Additional District and Sessions Judge, Periyakulam made in Crl.A No .54 of 2023 dated 30.09.2024 confirming the conviction and modifying the sentence passed by the learned Assistant Sessions Judge in S.C.No.160 of 2015, pending disposal of this criminal revision petition. For Petitioner : Mr.R.Manoharan For Respondent : Mr.M.Sakthikumar, Government Advocate 1/5
ORDER
This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed by the learned Additional District and Sessions Judge, Periyakulam made in Crl.A No .54 of 2023 dated 30.09.2024 confirming the conviction and modifying the sentence passed by the learned Assistant Sessions Judge in S.C.No.160 of 2015.
2. The learned counsel appearing for the petitioner submitted that a case has been registered against the petitioner in Crime No.12 of 2011 on the file of the respondent/Inspector of Police, Periyakulam Police Station, Theni District for the offence punishable under Sections 489(A), 489(B), 489(C) and 399 r/w 120(b) of IPC and the same was taken on file in S.C.No.160 of 2015 before the learned Assistant Sessions Judge, Periyakulam. The petitioner was convicted for the offence under Section 489(C) of IPC., and sentenced him to undergo rigorous imprisonment for a period of 7 years.
3. Aggrieved by the conviction judgment, the petitioner has preferred the appeal in C.A.No.54 of 2023 before the learned Additional District and Sessions Judge, Periyakulam. The said C.A.No.54 of 2023 was dismissed by common judgment, dated 30.09.2024, confirming the conviction, however modifying the sentence to undergo Rigorous Imprisonment for a period of 3 years for the offence U/s.489(C) of IPC.
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4. Challenging the judgment passed in C.A.No.54 of 2023, the petitioner has preferred the main Criminal Revision Case along with this petition seeking suspension of sentence pending disposal of the criminal revision.
5. The learned counsel for the petitioner further submitted that there are several infirmities in the prosecution case and further there are contradictions in material particulars between the evidence of the prosecution witnesses. He would further submit that the co-accused/Accused Nos.2 and 5 were already granted bail by suspending the sentence as per the order of this Court, dated 09.12.2024 passed in Crl.M.P(MD)No.13294 of 2024 in Crl.R.C(MD)No.1308 of 2024. Therefore, the learned counsel for the petitioner prays for seeking suspension of sentence.
6. The learned Government Advocate appearing for the respondent submitted that there is no previous case pending against the petitioner.
7. This Court has carefully considered the rival contentions put forward by either side and also perused the materials available on record.
8. The learned counsel for the petitioner pointed out that there are certain infirmities and inconsistencies present 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 the co3/5
accused/Accused Nos.2 and 5 have already been granted bail by suspending the sentence, this Court is of the considered view that the petitioner herein is entitled to the relief of grant of suspension of sentence.
9. Accordingly, the suspension of sentence petition is allowed and the sentence of the imprisonment alone is suspended pending disposal of the revision on the following conditions:- (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 Assistant Sessions Judge, Periyakulam; (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 trial Court twice a month i.e., on the 1st and 3rd Monday of every English Calendar month at 10.30 a.m., until further orders.
sd/- 11/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.
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sml TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, PERIYAKULAM. 2 THE ASSISTANT SESSIONS JUDGE, PERIYAKULAM. 3 THE INSPECTOR OF POLICE, PERIYAKULAM POLICE STATION, THENI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.R.MANOHARAN, Advocate ( SR-6156[I] dated 11/06/2025 )
ORDER
IN IN CRL RC(MD) NO. 245 of 2025 Date :11/06/2025 NBF/13.06.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5