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Madras High CourtCRL MP(MD)/19548/2025ordered

Manikandan v. State Of Tamilnadu Rep By Inspector Of Police, Kanniyakumari

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.1561 of 2025 Manikandan S/o.Natarajan ... Petitioner Vs The State Of Tamilnadu Rep By Inspector Of Police, Kanniyakumari Kanniyakumari District.

(Crime No.268/2014) ... Respondent PRAYER in Crl.M.P.(MD).No.19548 of 2025 :- To suspend the sentence imposed on the petitioner by the Judgment dated 18.11.2025 passed in C.A No.71/2023 on the file of the Additional District and Sessions Court (FTC), Nagercoil confirming the Judgment dated 13.06.2023 passed in CC No.45/2015 on the file of the Judicial Magistrate Court No.1, Nagercoil and enlarge the petitioner on bail pending disposal of the above criminal revision petition. For Petitioners : Mr.K.Sudalaiyandi Advocate.

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

ORDER

Heard Mr.K.Sudalaiyandi, 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 Judicial Magistrate Court No.1, Nagercoil in CC.No.45 of 2015 vide order dated 13.06.2023, which was confirmed by Additional District and Sessions Court (FTC), Nagercoil in Crl.A.No.71 of 2023, vide order dated 18.11.2025. 3.Learned counsel for petitioner would submit that petitioner was convicted by Judicial Magistrate Court No.1, Nagercoil for offences punishable under Sections 304(A) of IPC in C.C. No.45 of 2015 dated 13.06.2023 as follows:

(i) Under Section 304(A) of IPC, the petitioner was sentenced to undergo one year rigorous imprisonment and imposed fine of Rs.5,000/- in default, sentenced to undergo six months simple imprisonment. 2/6

Aggrieved, petitioner filed Criminal Appeal No.71 of 2023, before Additional District and Sessions Court (FTC), Nagercoil and the lower Appellate Court vide order dated 18.11.2025, dismissed the appeal confirming the judgment passed by Trial Court. Aggrieved, petitioner filed present Criminal Revision Petition in Crl.RC(MD)No.1561 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; and that he has also paid fine amount as per the order of the 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.

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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 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 Judicial Magistrate No.1, Nagercoil.

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 No.1, Nagercoil, on the first working day of every month at 10.30 a.m., until the disposal of revision;

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

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 12.12.2025.

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MOHAMMED SHAFFIQ, J gvn To 1.The Judicial Magistrate No.1, Nagercoil

2. The Additional District and Sessions Judge, Nagercoil.

3. The Inspector of Police, Kanniyakumari Police Station, Kanniyakumari District.

(Thro Cr.No.268/2014).

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

ORDER

IN in CRL RC(MD)No.1561 of 2025 Date : 10/12/2025 2/2 6/6