Ramesh v. State Of Tamilnadu, Rep By The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ in Crl.RC.(MD)No.1617 of 2025 Ramesh ... Petitioner Vs.

The State of Tamilnadu, Rep., by the Inspector of Police, CCIW/CID, Trichy, Crime No.2/2006 ... Respondent PRAYER in Crl.M.P.(MD).No.20071 of 2025 :- To Suspend the Sentence passed by the learned Additional District and Sessions Court, III, Trichy in Crl.A.No.71 of 2008 dated 23.06.2025, by confirming the judgment of conviction and sentence passed by the learned Judicial Magistrate Court-I, Trichy in C.C.No.304 of 2010 dated 18.05.2018 pending disposal of the main criminal revision petition. 1/8

PRAYER in Crl.M.P.(MD).No.20073 of 2025 :- To Exempt form surrendering before the trail court pertaining to the impugned judgment of conviction and sentence passed by the learned Additional District and Sessions Court, III, Trichy in Crl.A.No.71 of 2008 dated 23.06.2025, by confirming the judgment of conviction and sentence passed by the learned Judicial Magistrate Court-I, Trichy in C.C.No.304 of 2010 dated 18.05.2018 pending disposal of the main criminal revision petition.

For Petitioner : Mr.K.Vinayagan For Respondent : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

ORDER

Heard Mr.K.Vinayagan, learned counsel appearing for the petitioner and Mr.A.Thiruvadi Kumar, learned Additional Government Pleader, who accepts notice on behalf of the respondent.

2. This Criminal Miscellaneous Petition has been filed, praying to suspend the sentence imposed upon the petitioner by the learned Judicial Magistrate Court-I, Trichy in C.C.No.304 of 2010 dated 18.05.2018, which was confirmed by the learned Additional District and Sessions 2/8

Court, III, Trichy in Crl.A.No.71 of 2008 dated 23.06.2025 and to exempt the petitioner from surrendering before the Court below.

3. Learned counsel for the petitioner would submit that the petitioner was convicted by the learned Judicial Magistrate Court-I, Trichy for the offences punishable under Sections 408, 468, 471 and 477(A) of IPC in C.C No.304 of 2010, dated 18.05.2018, and (i) sentenced him to undergo simple imprisonment for two years and to pay a fine of Rs.3000/-, for offence under Section 408 of IPC; (ii) sentenced him to undergo simple imprisonment for two years and to pay a fine of Rs.3000/-, for offence under Section 468 of IPC, (iii) sentenced to undergo simple imprisonment for two years and to pay a fine of Rs. 3,000/-, for offence under Section 471 of IPC, (iv) sentenced to undergo simple imprisonment for two years and to pay a fine of Rs.3,000/-, for offence under Section 477(A) of IPC. Aggrieved petitioner filed Criminal Appeal No.71 of 2018, before the learned Additional District and Sessions Court-III, Trichy and the lower Appellate Court vide order dated 23.06.2025, dismissed the appeal confirming the judgment passed 3/8

by Trial Court. Challenging the above conviction and sentence, petitioner has filed Criminal Revision Petition in Crl.RC(MD)No.1617 of 2025 before this Court along with the instant miscellaneous petitions seeking suspension of sentence, bail and exemption from surrender.

4. Learned Counsel for the petitioner would further submit that petitioner has raised substantial grounds in the above revision, which requires consideration. He would further submit that this Court by an order dated 29.08.2025 had already granted suspension of sentence to the co-accused in Crl.MP(MD)No.11647 of 2025. Hence, he prayed for granting suspension of sentence to the petitioner.

5. Learned Additional Public Prosecutor appearing for the respondent has opposed the submissions made by the learned counsel for the petitioner and submits that the judgments passed by both the Courts are as per law after considering the entire evidence, thus the relief sought by the petitioner at this stage be refused by this Court. 4/8

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 likely to take a while before the revision is finally heard, 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 the 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 Additional District and Sessions Court-III, Trichy;

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 Additional District and Sessions Court-III, Trichy, on all working days until further orders;

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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, these Criminal Miscellaneous Petitions are ordered.

16.12.2025 rgm 6/8

To:

1. The Judicial Magistrate Court-I, Trichy.

2. The Additional District and Sessions Court-III, Trichy

3. The Inspector of Police, CCIW/CID, Trichy, Crime No.2/2006

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

Madurai.

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MOHAMMED SHAFFIQ, J.

rgm in Crl.RC.(MD)No.1617 of 2025 Dated: 16.12.2025 8/8