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Madras High CourtCRL MP(MD)/20243/2025ordered

Karuppannan @ Vellaiyan v. State Of Tamilnadu Rep By Inspector Of Police, Chinthamanipatty

2025-12-18Honourable Mr Justice Mohammed Shaffiq8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.12.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ in Crl.RC.(MD)No.1641 of 2025 Karuppannan @ Vellaiyan ... Petitioner Vs.

The State of Tamilnadu, Rep., by the Inspector of Police, Chinthamanipatti Police Station, Karur.

... Respondent PRAYER in Crl.M.P.(MD).No.20243 of 2025 :- To Suspend the Sentence passed by the learned District and Sessions Judge, Karur in Crl.A.No.102 of 2023 dated 19.09.2025, by confirming the judgment of conviction and sentence passed by the learned Judicial Magistrate No.I, Kulithalai, in C.C.No.28 of 2021 dated 12.06.2023 pending disposal of the main criminal revision petition. 1/8

PRAYER in Crl.M.P.(MD).No.20244 of 2025 :- To Exempt form surrendering before the trail court pertaining to the impugned judgment of conviction and sentence passed by the learned District and Sessions Judge, Karur in Crl.A.No.102 of 2023 dated 19.09.2025, by confirming the judgment of conviction and sentence passed by the learned Judicial Magistrate No.I, Kulithalai, in C.C.No.28 of 2021 dated 12.06.2023 pending disposal of the main criminal revision petition.

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

ORDER

Heard Mr.K.Suresh, 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 No.I, Kulithalai in C.C.No.28 of 2021 dated 12.06.2023, which was confirmed by the learned District and Sessions Judge, Karur in Crl.A.No.102 of 2023 dated 19.09.2025 and to exempt the petitioner from surrendering before the Court below.

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3. Learned counsel for the petitioner would submit that the petitioner was convicted by the learned Judicial Magistrate No.I, Kulithalai for the offences punishable under Sections 279, 304(A) of IPC and Section 185 of Motor Vehicle, Act in C.C.No.28 of 2021 dated 12.06.2023, and (i) sentenced him to undergo simple imprisonment for three months, for offence under Section 279 of IPC; (ii) sentenced him to undergo simple imprisonment for one year, for offence under Section 304(A) of IPC, (iii) sentenced to undergo simple imprisonment for six months, for offence under Section 185 of Motor Vehicle Act. Aggrieved petitioner filed Criminal Appeal No.102 of 2023, before the learned District and Sessions Judge, Karur and the lower Appellate Court vide order dated 19.09.2025, dismissed the appeal confirming the judgment passed by Trial Court.

Challenging the above conviction and sentence, petitioner has filed Criminal Revision Petition in Crl.RC(MD)No.1641 of 2025 before this Court along with the instant miscellaneous petitions seeking suspension of sentence, bail and exemption from surrender.

4. Learned Counsel for petitioner would further submit that PW1 has not deposed anything regarding rashness or negligence in the manner of driving by the accused, and therefore the essential ingredients of Sections 279 and 304-A of IPC are not satisfied. He would also submit that the petitioner has raised other substantial grounds in above revision, which requires consideration. Hence, he prayed for granting suspension of sentence and bail to 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.

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 4/8

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 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 Judicial Magistrate-I, Kulithalai;

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 Judicial Magistrate-I, Kulithalai, on all working days until further orders; 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.

Atul Alias Ashutosh vs State of Madhya Pradesh, (2024) 3 SCC 663 5/8

7. Accordingly, these Criminal Miscellaneous Petitions are ordered.

18.12.2025 (1/2) rgm Note: Issue Order Copy by 26.12.2025.

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To:

1. The Judicial Magistrate No.I, Kulithalai

2. The District and Sessions Judge, Karur

3. The Inspector of Police, Chinthamanipatti Police Station, Karur.

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.1641 of 2025 Dated: 18.12.2025 (1/2) 8/8