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Madras High CourtCRL MP(MD)/19545/2025ordered

Senthamarai v. State Of Tamilnadu Rep By Inspector Of Police, Uchipuli

2025-12-10Honourable Mr Justice Mohammed Shaffiq6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 10/12/2025

CORAM

THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ in CRL RC(MD)No.1560 of 2025 Senthamarai S/o.Ramaiah Naidu ... Petitioner Vs The State of Tamilnadu Rep By Inspector Of Police, Uchipuli Police Station, Ramanathapuram District.

Crime No.134 of 2009.

... Respondent PRAYER in Crl.M.P.(MD).No.19545 of 2025 :- To Suspend the sentence imposed on the petitioner by the Judgment passed in Crl.A.No.01 of 2022 passed by Learned Principal District and Sessions Court, Ramanathapuram dated 03.09.2025 confirming the Judgment passed by the Learned Chief Judicial Magistrate, Ramanathapuram in C.C.No.32 of 2017 dated 07.12.2021. For Petitioners : Mr.S.Venkatesh Advocate.

For Respondent : Mr.A.Thiruvadikumar Additional Public Prosecutor 1/6

ORDER

Heard Mr.S.Venkatesh, learned Counsel for petitioner and Mr.A.Thiruvadikumar, learned Additional Public Prosecutor, who accepts notice on behalf of Respondent.

2. Criminal Miscellaneous Petition has been filed, praying to suspend the sentence imposed on petitioner by Chief Judicial Magistrate, Ramanathapuram in CC.No.32 of 2017 vide order dated 07.12.2021, which was confirmed by Principal District and Sessions Judge, Ramanathapuram in Crl.A.No.01 of 2022, vide order dated 03.09.2025. 3.Learned counsel for petitioner would submit that petitioner was convicted by Chief Judicial Magistrate, Ramanathapuram for offences punishable under Sections 279, 337, 338 and 304(A) of IPC in C.C. No. 32 of 2017 dated 07.12.2021 as follows:

(i) Under Section 279, 337(2 counts), 338(1 count), 304(A) of IPC, the accused was found guilty under section 304(A) of IPC, convicted and sentenced to undergo Rigorous imprisonment for six months and fine of Rs.3,000/- in default to undergo simple imprisonment for two months 2/6

and sentenced to undergo Rigorous imprisonment for three months and fine of Rs.1,000/- in default to undergo simple imprisonment for two months for the offence u/s.338 (1count) of IPC and fine of Rs.1,000/- (2X500) in default to undergo simple imprisonment for two months for the offence under section 337 (2 counts) of IPC and fine of Rs.1,000/- in default to undergo simple imprisonment for two months for the offence u/s.279 of IPC. Total fine amount Rs.6000/-. Aggrieved, petitioner filed Criminal Appeal No.01 of 2022, before Principal District and Sessions Judge, Ramanathapuram and the lower Appellate Court vide order dated 03.09.2025, dismissed the appeal confirming the judgment passed by Trial Court. Aggrieved, petitioner filed present Criminal Revision Petition in Crl.RC(MD)No.1560 of 2025 before this Court along with instant miscellaneous petition seeking suspension of sentence.

4. Learned Counsel for petitioner would further submit that petitioner has raised substantial grounds in the above revision, which requires consideration. Hence, he prayed for granting suspension of sentence and bail to petitioner.

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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 and bail, on the following conditions, till the disposal of above Criminal Revision: i) The 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 the Chief Judicial Magistrate, Ramanathapuram;

Atul Alias Ashutosh vs State of Madhya Pradesh, (2024) 3 SCC 663 4/6

ii) The 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) The petitioner shall appear and sign before the Chief Judicial Magistrate, Ramanathapuram, on the first working day of every month at 10.30 a.m., until the disposal of revision;

iv) In case, if the 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.

7. Accordingly, this Criminal Miscellaneous Petition is ordered. 10.12.2025 2/2 gvn Note Issue Order Copy on 17.12.2025.

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MOHAMMED SHAFFIQ, J gvn To 1.The Chief Judicial Magistrate, Ramanathapuram

2. The Principal District and Sessions Judge, Ramanathapuram.

3. The Inspector of Police, Uchapuli Police Station, Ramanathapuram District.

(Thro Cr.No.134/2009).

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

ORDER

IN in CRL RC(MD)No.1560 of 2025 Date : 10/12/2025 2/2 6/6