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Madras High CourtCRL MP(MD)/20149/2025ordered

K.Pakthavachalam v. State Of Tamilnadu Rep By Inspector Of Police, Karur Town

2025-12-17Honourable Mr Justice Mohammed Shaffiq6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 17/12/2025

CORAM

THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ in CRL RC(MD)No.1631 of 2025 K.Pakthavachalam ... Petitioner Vs State Of Tamilnadu Rep By Inspector Of Police, Karur Town Police Station Karur District.

(Crime No. 103 of 2020) ... Respondent PRAYER in Crl.M.P.(MD).No.20149 of 2025 :- To Suspend the sentence of Imprisonment imposed by judgement dated 06.10.2025 by the learned District and Sessions Judge, Karur in Crl.A.No. 208 of 2023 by confirming the conviction and sentence of imprisonment imposed by the learned Judicial Magistrate No.I, Karur in C.C. No. 92/2021 by the judgement dated 30.10.2023, and enlarge the petitioner on bail pending disposal of this Criminal Revision. PRAYER in Crl.M.P.(MD).No.20151 of 2025 :- To Exempt the petitioner from surrender in pursuant to the judgment dt. 06.10.2025 by the learned District and Sessions Judge, Karur District in Crl.A. No. 208 of 2023 by confirming the conviction and sentence of imprisonment imposed by the learned Judicial Magistrate No.I, Karur in C.C.No.92 of 2021 by the judgement dated 30.10.2023. 1/6

For Petitioner : M/s. K.Iswarya Advocate.

For Respondent : Mr.M.Karunanithi Government Advocate

ORDER

Heard M/s.K.Iswarya, learned Counsel for petitioner and Mr.M.Karunanithi, learned Government Advocate, 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 No.I, Karur in C.C.No.92 of 2021 vide order dated 30.10.2023, which was confirmed by District and Sessions Judge, Karur in Crl.A.No.208 of 2023, vide order dated 06.10.2025 and to exempt the petitioner from surrendering before the Court below.

3.Learned counsel for petitioner would submit that petitioner was convicted by Judicial Magistrate No.I, Karur for offences punishable under Sections 279 and 304(A) of IPC in C.C. No.92 of 2021 dated 30.10.2023 and sentenced as follows:

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(i) to undergo one year simple imprisonment, for the offence under section 304(A) of IPC.

(ii) to pay a fine of Rs.1000/-, in default, to undergo one month simple imprisonment, for the offences under section 279 of IPC.

4. Aggrieved, petitioner filed Criminal Appeal No.208 of 2023, before District and Sessions Judge, Karur and the lower Appellate Court vide order dated 06.10.2025, dismissed the appeal confirming the judgment passed by Trial Court. Aggrieved, petitioner filed present Criminal Revision Petition in Crl.RC(MD)No.1631 of 2025 before this Court along with instant miscellaneous petitions seeking suspension of sentence, exemption from surrender and bail.

4. Learned Counsel for petitioner would further submit that petitioner has raised substantial grounds in the above revision, which requires consideration. He further submit that the petitioner 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. 3/6

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 District and Sessions Judge, Karur District;

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 District and Sessions Judge, Karur District, 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, these Criminal Miscellaneous Petitions are ordered.

17.12.2025 1/2 gvn Note:

Issue Order Copy on 26 .12.2025.

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MOHAMMED SHAFFIQ, J gvn To 1.The District and Sessions Judge, Karur District.

2. The Judicial Magistrate No.I, Karur.

3. The Inspector of Police, Karur Town Police Station, Karur District.

(Thro Cr.No.103/2020).

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

ORDER

IN in CRL RC(MD)No.1631 of 2025 Date : 17/12/2025 1/2 6/6