Palram v. State Of Tamilnadu Rep By Inspector Of Police, Aruppukottai Taluk

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09/01/2026

CORAM

THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ in CRL RC(MD)No.36 of 2026 Palram S/o.Arumugam ... Petitioner Vs State Of Tamilnadu Rep By Inspector Of Police, Aruppukottai Taluk Police Station Virudhunagar District Crime No.203/2013 ... Respondent PRAYER in Crl.M.P.(MD).No.559 of 2026 :- To suspend the sentence imposed as against the petitioner/appellant/accused No.1 passed by the learned Judicial Magistrate, Aruppukottai, Virudhunagar District in CC.No.110/2014 dated 16.03.2021 confirming the said order by the learned Additional District and Sessions Judge, Aruppukottai, Virudhunagar District in Crl.A.No.14 of 2021 by a judgement dated 29.10.2025. 1/7

PRAYER in Crl.M.P.(MD).No.560 of 2026 :- To exempt the petitioner from surrender before the learned Additional District and Sessions Judge, Aruppukottai, Virudhunagar District in Crl.A.No.14/2021 by a judgment dated 29.10.2025 by confirming the order of conviction sentence passed by the Judicial Magistrate, Aruppukottai, Virudhunagar District in C.C.No.110 of 2014 dated 16.03.2021.

For Petitioner : Mr.S.Kishore Kumar For Respondent : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

Heard Mr.S.Kishore Kumar, 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, Aruppukottai, in C.C.No.110 of 2014 vide order dated 16.03.2021, which was confirmed by learned Additional District and Sessions Judge, Aruppukottai, Virudhungar District in Crl.A.No.14 of 2021, vide order dated 29.10.2025 and to exempt the petitioner from surrendering before the Court below.

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3.Learned counsel for petitioner would submit that petitioner was convicted by Judicial Magistrate, Aruppukottai for offences punishable under Sections 341 & 325 of IPC in C.C.No.110 of 2014 dated 25.07.2017 and sentenced as follows:

(i) to undergo three years rigorous imprisonment and to pay a fine of Rs.5,000/- towards compensation to Respondent, in default, to undergo one month simple imprisonment for offence under section 325 of IPC.

(ii) to pay a fine amount of Rs.500/-, in default to undergo one weeks simple imprisonment for offence under section 341 of IPC.

4. Aggrieved, petitioner filed Criminal Appeal No.14 of 2021, before Additional District and Sessions Judge, Aruppukottai, Virudhunagar District and the lower Appellate Court vide order dated 29.10.2025, dismissed the appeal by confirming the judgment passed by Trial Court. Aggrieved, petitioner filed present Criminal Revision Petition in Crl.RC(MD)No.36 of 2026 before this Court along with instant miscellaneous petitions seeking suspension of sentence, exemption from surrender and bail.

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5. Learned Counsel for petitioner would further submit that petitioner has raised substantial grounds in the above revision, which requires consideration; and he further submitted that there were discrepancies in the evidence of P.W.1, Alagarsamy. While P.W.1, Alagarsamy, in his evidence stated that he was attacked by two persons, as mentioned in the FIR, the accident register, on contrary, recorded that P.W.1/Alagarsamy was assaulted by four known persons. He further submitted that FIR was registered two days after the date of alleged occurrence, and delay has not been explained. He would further submit that petitioner has also paid fine amount as per the order of the trial Court. Hence, he prayed for granting suspension of sentence, bail and exempt the petitioner from surrendering before the trial court.

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.

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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, 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) each with two sureties each for a like sum to the satisfaction of Additional District and Sessions Judge, Aruppukottai, Virudhunagar District; 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 Additional District and Sessions Judge, Aruppukottai, Virudhunagar District, on the first working day of every month at 10.30 a.m.

Atul Alias Ashutosh vs State of Madhya Pradesh, (2024) 3 SCC 663 5/7

iv) In case, if the petitioner is not able to appear before the said 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 said 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.

09.01.2026 1/2 gvn To 1.The Additional District and Sessions Judge, Aruppukottai, Virudhunagar District.

2. The Judicial Magistrate, Aruppukottai, Virudhunagar District.

3. The Inspector of Police, Aruppukottai Taluk Police Station, Virudhunagar District.

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

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MOHAMMED SHAFFIQ, J gvn

ORDER

IN in CRL RC(MD)No.36 of 2026 Date : 09/01/2026 1/2 7/7