Ramanathan v. State Of Tamilnadu Rep By Inspector Of Police, Thirupalaikudi

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

CORAM

THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ CRL MP(MD). Nos.19571 & 19572 of 2025 in CRL RC(MD)No.1564 of 2025 Ramanathan S/o. Arumugam ... Petitioners Vs The State Of Tamilnadu Rep By Inspector Of Police, Thirupalaikudi Police Station Ramanathapuram District.

(In Crime No. 26 of 2010) ... Respondent PRAYER in Crl.M.P.(MD).No.19571 of 2025 :- To suspend the sentence passed in Crl.A.No.29/2023 on the file of the learned Additional District and Sessions Court, Ramanathapuram dated 06.11.2025 confirming the judgment dated 31.03.2023 passed in CC.No. 44/2022 on the file of the learned Judicial Magistrate Court, Thiruvadanai and release the petitioner/appellant on bail pending disposal of the above criminal revision petition. 1/8

PRAYER in Crl.M.P.(MD).No.19572 of 2025 :- To exempt the petitioner from surrendering in C.A.No.29/2023 on the file of the learned Additional District and Sessions Court, Ramanathapuram dated 06.11.2025 confirming the judgment dated 31.03.2023 passed in CC.No.44/2022 on the file of the learned Judicial Magistrate Court, Thiruvadanai.

For Petitioners : Mr. G.Sridharan, Advocate.

For Respondent : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

Heard Mr.G.Sridharan, 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 Judicial Magistrate Court, Thiruvadanai, in CC.No.44 of 2022 vide order dated 31.03.2023, which was confirmed by Additional District and Sessions Court, Ramanathapuram in Crl.A.No.29 of 2023, vide order dated 31.03.2023 and to exempt the petitioner from surrendering before the Court below. 2/8

3.Learned counsel for petitioner would submit that petitioner was convicted by Judicial Magistrate Court, Thiruvadani for offence punishable under Section 326 of IPC in C.C.No.44 of 2022 dated 31.03.2023 and sentenced to undergo six months of simple imprisonment with a fine of Rs.3,000/-, in default, to undergo one month simple imprisonment.

4. Aggrieved, petitioner filed Criminal Appeal No.29 of 2023, before Additional District and Sessions Court, Ramanathapuram and the lower Appellate Court vide order dated 06.11.2025, dismissed the appeal confirming the judgment passed by Trial Court. Aggrieved, petitioner filed present Criminal Revision Petition in Crl.RC(MD)No.1564 of 2025 before this Court along with instant miscellaneous petitions seeking suspension of sentence, exemption from surrender and bail.

5. Learned counsel would submit that petitioner was accused of offences under Section 324 and 506(2) of IPC by the defacto complainant, who was his brother. It is submitted that there were civil 3/8

disputes between the petitioner herein and his brother, who is the defacto complainant and an FIR was registered against petitioner and his wife in Crime No.26 of 2010 for offences under Section 324 IPC against the petitioner's wife and under Section 326 and 506(2) IPC against the petitioner. The petitioner's wife was acquitted of all the charges. The petitioner was acquitted of the charges under Section 506(ii) IPC, but was convicted for the offence under Section 326 of IPC. Learned counsel would submit that the Courts below failed to appreciate relevant factors, inter alia, viz., a) that the deposition of P.W.1 is contradictory and was not corroborated with any other witnesses;

b) that there were inconsistencies in deposition of the prosecution witnesses and the FIR, in particular, deposition of P.W.9; c) Mahazar witnesses had deposed that sketch was not prepared in their presence.

He would thus submit, that apart, petitioner has raised substantial grounds in the above revision, which requires consideration. Hence, he prayed for granting suspension of sentence and bail to petitioner. 4/8

6. 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.

7.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 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 Judicial Magistrate Court, Thiruvadanai;

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 Judicial Magistrate Court, Thiruvadanai, 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.

8. Accordingly, these Criminal Miscellaneous Petitions are ordered.

10.12.2025 gvn Note:Issue Order Copy on 18.12.2025.

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To 1.The Judicial Magistrate Court, Thiruvadanai.

2. The Additional District and Sessions Court, Ramanathapuram

3. The Inspector Of Police, Thirupalaikudi Police Station, Ramanathapuram District.

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

7/8

MOHAMMED SHAFFIQ, J gvn

ORDER

IN CRL MP(MD). Nos.19571 & 19572 of 2025 in CRL RC(MD)No.1564 of 2025 Date : 10/12/2025 2/2 8/8