Crl.MP.No.5673 of 2026 in Crl.RC.No.740 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.06.2026 CORAM: THE HONOURABLE MR.JUSTICE SHAMIM AHMED Crl.MP.No.5673 of 2026 in Crl.RC.No.740 of 2026 Gokulnath, S/o.Maruthaiyappan 180/A, Chinnakan Chittiyar Street Kuppankulam, Madurai Road, Trichy Petitioner Vs State represented by the Inspector of Police North Police Station, Tiruppur (Cr.No.2640 of 2020) Respondent Prayer:- This Criminal Miscellaneous Petition has been filed, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), praying to suspend the sentence, imposed on the Revision Petitioner, in Crl.A.No.241 of 2024, dated 20.02.2026, by the Sessions Judge, Special Court for Trial of Cases under the SC/ST(PoA) Act, Tiruppur, confirming the judgement of conviction and sentence and order, dated 24.06.2024, in SC.No.199 of 2021, passed by the Principal Assistant Sessions Judge, Tiruppur, and to enlarge the Petitioner on bail, till the disposal of the instant Criminal Revision Case. For Revision Petitioner : Mr.V.K.Kavin For Respondent : Mr.M.Dinesh, GA(Criminal Side) 1/8 https://www.mhc.tn.gov.in/judis Crl.MP.No.5673 of 2026 in Crl.RC.No.740 of 2026 ORDER 1. This Criminal Miscellaneous Petition has been filed, by the Revision Petitioner, praying to suspend the sentence, imposed on the Revision Petitioner, in Crl.A.No.241 of 2024, dated 20.02.2026, by the Sessions Judge, Special Court for Trial of Cases under the SC/ST(PoA) Act, Tiruppur, confirming the judgement of conviction and sentence and order, dated 24.06.2024, in SC.No.199 of 2021, passed by the Principal Assistant Sessions Judge, Tiruppur, and to enlarge the Petitioner on bail, till the disposal of the instant Criminal Revision Case. 2. By the impugned judgement of conviction and sentence and order of the Trial Court, the Revision Petitioner was convicted and sentenced for the offence punishable under Section 294(B0 of IPC to undergo Simple Imprisonment for three months and to pay a fine of Rs.500/-, in default to undergo Simple Imprisonment for fifteen days and for the offence under Section 325 read with 114 of IPC to undergo Rigorous Imprisonment for two years and to pay a fine of Rs.4,500/- each, in default to undergo Simple Imprisonment for three months and the sentences were ordered to run concurrently. The impugned judgement judgement of conviction and sentence and order of the Trial Court was confirmed by the lower appellate Court, by its impugned judgement of 2/8 https://www.mhc.tn.gov.in/judis Crl.MP.No.5673 of 2026 in Crl.RC.No.740 of 2026 conviction and sentence and order. 3. Challenging the above said judgement of conviction and sentence and order of the lower appellate court, the Revision Petitioner has filed the above Criminal Revision Case, along with the instant Criminal Miscellaneous Petition, seeking suspension of sentence and bail. 4. This Court heard Mr.V.K.Kavin, the learned counsel for the Petitioner and Mr.N.Dinesh, the Government Advocate (Criminal Side) for the Respondent and considered their submissions and also perused materials placed before this Court. 1. The learned counsel for the Petitioner has submitted that the courts below had failed to appreciate the fact that the Revision Petitioner was not involved, either directly or indirectly, in the alleged offence and that there is no specific allegations as against the Revision Petitioner in the complaint, lodged by the defacto complainant and that both the courts below had failed to consider the various contradictions in the evidence of the witnesses, brought to their notice and that the reasons for convicting and sentencing the Petitioner are unsound and unsustainable on facts and on law and that both the courts below have failed to consider the entire evidence, in a proper and perspective manner and that the judgments passed by both the Courts below were based on 3/8 https://www.mhc.tn.gov.in/judis Crl.MP.No.5673 of 2026 in Crl.RC.No.740 of 2026 surmises and conjectures, without considering the entire evidence on record. 5. It is further argued that due to pendency of the criminal cases before this High Court, there is a blinking chance that in the near future, this Criminal Revision Case will be finally heard and decided. It is further submitted that there are arguable points in this Criminal Revision Case and the Revision Petitioner has a fair chance of success in this Criminal Revision Case. Thus, the learned counsel for the Revision Petitioner has prayed for suspension of sentence and bail, till the disposal of this Criminal Revision Petition. 6. Several other submissions in order to demonstrate the falsity of the allegations made against the Revision Petitioner have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the Revision Petitioner that he is ready to cooperate with the process of law and shall faithfully make himself available before the Court, whenever required and is also ready to accept all the conditions, which the Court may deem fit to impose upon him. The Revision Petitioner undertakes that in case he is released on bail, he will not misuse the liberty of bail and will 4/8 https://www.mhc.tn.gov.in/judis Crl.MP.No.5673 of 2026 in Crl.RC.No.740 of 2026 cooperate in disposal of Revision. 7. The learned Government Advocate (Criminal Side) for the Respondent has opposed the arguments advanced by the learned counsel for the Revision Petitioner and submits that the judgements passed by the Courts below are as per the law, after considering the entire evidence and thus, the relief sought by the Revision Petitioner, at this stage, be refused by this Court. 8. Considering the arguments advanced by the learned counsel for the Revision Petitioner as well as the learned Govt. Advocate (Criminal Side) for the Respondent, this Court is of the view that both the courts below have failed to appreciate the evidence on record and the impugned judgments were passed, without considering the entire materials placed before it and during the Trial, the Revision Petitioner was also on bail. 9. Further, it is observed that when the accused have been under incarceration for sometime and when there are points in the Revision, which favour the accused, then the Courts should not shy from granting suspension of sentence, as the liberty of the individual would be at stake, if the revision results in acquittal at a later point of time. In this regard, the decision of the Hon'ble Supreme Court of India, in the case 5/8 https://www.mhc.tn.gov.in/judis Crl.MP.No.5673 of 2026 in Crl.RC.No.740 of 2026 of Rabi Prakash Vs. The State of Odhisha reported in 2023 Live Law (SC) 533 is of relevance. 10.The Revision Petitioner has raised substantial grounds in the Revision, which require detailed appraisal. Further, the Revision is not likely to be taken up in the near future. In such view of the matter, this Court is of the view that the Revision Petitioner is entitled to the relief of suspension of sentence and bail. 11.Accordingly, pending the Criminal Revision Case, the relief of suspension of sentence and bail is granted to Revision Petitioner, namely, Gokulnath, S/o.Maruthaiyappan, on the following conditions:- i. The Revision Petitioner shall surrender before the Principal Assistant Sessions Judge, Tiruppur, within three weeks from the date of receipt of a copy of this order and on such surrender, the Revision Petitioner is ordered to be released on bail, on his executing a personal bond, along with two sureties for a sum of Rs.15,000/- each and subject to furnishing an undertaking that he will co-operate in the hearing of the present Revision. ii. The Revision Petitioner and sureties shall affix their Photographs and Left Thumb Impression in the bond and the above said Court may obtain copies of their Aadhaar card or Bank pass Book to ensure their identity. iii. The realization of fine, if any, shall also remain suspended during 6/8 https://www.mhc.tn.gov.in/judis Crl.MP.No.5673 of 2026 in Crl.RC.No.740 of 2026 the pendency of the present Revision. iv. The Revision Petitioner shall appear before the Principal Assistant Sessions Judge, Tiruppur, once in every month, ie., on the first working day, commencing from the month of July 2026, at 10.30 a.m., until further orders. 12.On acceptance of his bail bonds and sureties, the Trial Court shall transmit photostat copies thereof to this Court for being kept on records of this Revision. 13.With the above directions, Crl.MP.No.4012 is ordered. 08.06.2026 2/2 Index:Yes/No Web:Yes/No Speaking/Non Speaking Neutral Citation Srcm To 1. II Additional District Sessions Judge, Tiruvallur at Poonamalle 2. The Judicial Magistrate No.II, Poonamallee, till the disposal of the instant Criminal Revision Case. 3. The Inspector of Police, Central Crime Branch-2, Egmore, 4. The Public Prosecutor, Madras High Court, Madras 7/8 https://www.mhc.tn.gov.in/judis Crl.MP.No.5673 of 2026 in Crl.RC.No.740 of 2026 SHAMIM AHMED, J. Srcm Crl.MP.No.5673 of 2026 in Crl.RC.No.740 of 2026 2/2 08.06.2026 8/8 https://www.mhc.tn.gov.in/judis