Ramamoorthi v. State Of Tamilnadu Rep By Inspector Of Police, Peraiyur

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 08/12/2025

CORAM

THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ in CRL RC(MD)No.1533 of 2025 Ramamoorthi ... Petitioner Vs State of Tamilnadu Rep by Inspector of Police, Peraiyur, Police Station, Ramanathapuram District.

Crime No.25 of 2019.

... Respondent PRAYER in CRL MP(MD). No.19328 of 2025 :- To Suspend the Sentence imposed against the petitioner in the Judgment made in C.C.No.89 of 2019 on the file of the Learned District Munsif cum Judicial Magistrate Court, Kamuthi dated 24.01.2025 and modified vide Judgment made in Crl.A.No.19 of 2025 on the file of the Additional District Court, Paramakudi dated 06.11.2025, pending disposal of the subject criminal revision petition. 1/8

PRAYER in CRL MP(MD). No.19330 of 2025 :- To grant exemption to the petitioner from surrendering in C.C.No.89 of 2019 on the file of the learned District Munsif cum Judicial Magistrate, Kamuthi, dated 24.01.2025 and modified vide judgment made in Crl.A.No.19 of 2025 on the file of the Additional District Court, Paramakudi dated 06.11.2025, pending disposal of the above Criminal Revision Petition.

For Petitioner : Mr. P.R.Prithiviraj, Advocate.

For Respondent : Mr. A.Thiruvadikumar Additional Public Prosecutor

ORDER

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

2. Criminal Miscellaneous Petitions have been filed, praying to suspend the sentence imposed on petitioner by District Munsif cum Judicial Magistrate Court, Kamuthi made in C.C.No.89 of 2019 dated 24.01.2025, which was modified by Additional District Court, 2/8

Paramakudi in Crl.A.No.19 of 2025 dated 06.11.2025 and to exempt the petitioner from surrendering before the Court below.

3. Learned counsel for petitioner would submit that petitioner was convicted by District Munsif cum Judicial Magistrate Court, Kamuthi for offences punishable under Sections 294(a), 294(b), 341, 326, 506(2) of IPC and Section 4 of TNPHW Act, 2002, in C.C. No. 89 of 2019 dated 24.01.2025 as follows: (i) to undergo simple imprisonment for three months and to pay a fine of Rs.1000/- for the offence under Section 294(a) of IPC; (ii) to undergo simple imprisonment for three months and to pay a fine of Rs.1000/- for the offence under Section 294(b) of IPC ; (iii) to undergo simple imprisonment for one month and to pay a fine of Rs.500/- for the offence under Section 341 of IPC ; (iv) to undergo simple imprisonment for three years and to pay a fine of Rs.

5000/- for the offence under Section 326 of IPC ; v) to undergo simple imprisonment for three years and to pay a fine of Rs.5000/- for the offence under Section 506(2) of IPC and vi) to undergo simple imprisonment for three years and to pay a fine of Rs.10,000/- for the offence under Section 4 of TNPHW Act. Aggrieved, petitioner filed C.A.No.

lower Appellate Court vide order dated 06.11.2025, partly allowed the appeal by setting aside the judgment passed by Trial Court as regards the offence under Sections 294(a), 294(b) and 506(2) of IPC and Section 4 of TNPHW Act and convicted the petitioner for the offence under Sections 324 and 341 of IPC and sentenced to undergo one year simple imprisonment and to pay a fine of Rs.5000/-, in default of payment, to undergo one month simple imprisonment for the offence under Section 324 of IPC and confirmed the sentenced imposed by the trial Court for the offence under Section 341 of IPC. Aggrieved, petitioner filed present Criminal Revision Petition in Crl.RC(MD)No.1533 of 2025 before this Court along with instant miscellaneous petitions seeking suspension of sentence and bail and exemption from surrender.

4. Learned Counsel for petitioner would further submit that petitioner has raised substantial grounds in the above revision, which requires consideration; and that he also paid fine amount as per the order of the trial Court. 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 for 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: 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 learned District Munsif cum Judicial Magistrate Court, Kamuthi; Atul Alias Ashutosh vs State of Madhya Pradesh, (2024) 3 SCC 663 5/8

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 learned District Munsif cum Judicial Magistrate Court, Kamuthi, 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 Petitions are ordered. 08.12.2025 pnn Issue Order Copy on 26.12.2025.

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To 1.The District Munsif cum Judicial Magistrate Court, Kamuthi. 2.The Additional District Judge, Paramakudi.

3. The Inspector of Police, Peraiyur Police Station, Ramanathapuram District. Crime No.25 of 2019.

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

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MOHAMMED SHAFFIQ, J pnn

ORDER

IN in CRL RC(MD)No.1533 of 2025 Date : 08/12/2025 8/8