Lakshmanan v. State Of Tamilnadu Rep By Inspector Of Police, Devakottai Town

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2026

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ in Crl.RC.(MD)No.198 of 2026 Lakshmanan ... Petitioner Vs.

State Of Tamilnadu Rep By, The Inspector of Police, Devakottai Town Police Station, Sivagangai District.

Crime No.733 of 2015 ... Respondent PRAYER:

To Suspend the sentence imposed by the judgment dated 13.11.2025 in Crl.A.No.71 of 2023 passed by the Learned Principal District and Sessions Judge, Sivagangai District, dismissing the Appeal and thereby confirming the conviction and sentence imposed by the Learned Judicial Magistrate, Devakottai, Sivagangai District dated 02.05.2023 made in C.C.No.27 of 2015 pending disposal of the Revision Petition. 1/6

For Petitioner : Mr.C.Prithiviraj For Respondent : Mr.P.Kottaichamy Government Advocate

ORDER

Heard Mr.C.Prithiviraj, learned counsel appearing for petitioner and Mr.P.Kottaichamy, learned Government Advocate, who accepts notice on behalf of respondent.

2. This Criminal Miscellaneous Petition has been filed, praying to suspend the sentence imposed upon the petitioner by Judicial Magistrate, Devakottai, Sivagangai District in C.C.No.27 of 2015 dated 02.05.2023, which was confirmed by Principal District and Sessions Judge, Sivagangai District in Crl.A No.71 of 2023 dated 13.11.2025.

3. Learned counsel for petitioner would submit that petitioner was convicted by learned Judicial Magistrate, Devakottai, Sivagangai District for the offences punishable under Section 304-A IPC and convicted and sentenced him to undergo one year simple imprisonment. Aggrieved petitioner filed Criminal Appeal No.71 of 2023, before the learned 2/6

Principal District and Sessions Judge, Sivagangai and the lower Appellate Court vide order dated 13.11.2025, dismissed the appeal confirming the judgment passed by the learned Judicial Magistrate, Devakottai, Sivagangai District. Challenging the above conviction and sentence, petitioner has filed Criminal Revision Petition in Crl.RC(MD)No.198 of 2026, before this Court along with the instant miscellaneous petition seeking suspension of sentence and bail.

4. Learned counsel for petitioner would further submit that petitioner has a good case inter alia stating that Courts below failed to see that the accident occurred only due to the negligence of the victim who had attempted to cross the highway without adhering to traffic discipline/rules.

5. Learned counsel for petitioner would further submit that petitioner has raised substantial grounds in above revision, which requires consideration; and that he also paid fine amount as per the order of trial Court. Hence, he prayed for granting suspension of sentence and bail to petitioner.

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6. Learned Government Advocate appearing for respondent has opposed the submissions made by learned counsel for 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 petitioner at this stage be refused by this Court.

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 likely to take a while before the revision is finally heard1, this Court is inclined to grant suspension of sentence and bail to the petitioner, 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, Devakottai, Sivagangai 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 learned Judicial Magistrate, Devakottai, Sivagangai District, on the first working day of every English calendar month at 10.30 a.m., 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.

7. Accordingly, this Criminal Miscellaneous Petition is ordered. 03.02.2026 (1/2) rgm 5/6

MOHAMMED SHAFFIQ, J.

rgm To:

1. The Judicial Magistrate, Devakottai, Sivagangai District

2. The Principal District and Sessions Judge, Sivagangai District

3. The Inspector of Police, Devakottai Town Police Station, Sivagangai District.

Crime No.733 of 2015 .

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

Madurai.

in Crl.RC.(MD)No.198 of 2026 Dated: 03.02.2026 (1/2) 6/6