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2026 DAILYLAW 45142 (MAD)

Suresh v. The State Of Tamilnadu Rep By The Inspector Of Police, Nainarkoil

CRL MP(MD)/12953/2026 · 2026-07-03

L Victoria Gowri

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.M.P.(MD)No.12953 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.07.2026 CORAM THE HONOURABLE MRS JUSTICE L.VICTORIA GOWRI CRL MP(MD) NO. 12953 of 2026 in CRL RC(MD) NO. 1086 of 2026 Suresh ... Petitioner Vs. The State of Tamilnadu, Rep. by the Inspector of Police, Nainaarkovil Police Station, Ramanathapuram District. ... Respondent PRAYER: This Criminal Miscellaneous Petition is filed under Section 377(1) of Cr.P.C., (U/s. 438(i) of BNSS) to suspend the sentence passed by the learned Additional District Court, Paramakkudi, Ramanathapuram District made in Crl.A.No.39 of 2025 dated 24.10.2025 and enlarge the petitioner on bail, pending disposal of the present criminal revision petition. For Petitioner : Mr.R.Balamuruganantham For Respondent : Mr.D.Rajaboopathy Government Advocate (Crl.) 1/6 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.12953 of 2026 ORDER This Criminal Miscellaneous Petition has been filed to suspend the sentence of imprisonment imposed by the learned Additional District Court, Paramakkudi, in Crl.A.No.39 of 2025 dated 24.10.2025, confirming the conviction and sentence imposed by the learned Judicial Magistrate No.I, Paramakkudi in CC No.472 of 2023 dated 24.03.2025 pending disposal of the criminal revision petition. 2. The learned counsel appearing for the petitioner submitted that the petitioner has been convicted by the trial Court on 24.03.2025, and the trial Court sentenced him to undergo rigourous imprisonment for a period of three years for the offence under Section 380 of IPC, and also to undergo rigourous imprisonment for a period of two years for the offence under Section 457 of IPC in C.C.No.472 of 2023 on the file of the learned Judicial Magistrate No.I, Paramakkudi. 3. The learned Additional District Court, Paramakkudi, confirmed the conviction, and sentence and dismissed the Criminal Appeal in Crl.A.No.39 of 2025 dated 24.10.2025. Challenging the same, the present Criminal Revision 2/6 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.12953 of 2026 Case has been filed before this Court along with this Criminal Miscellaneous Petition seeking suspension of sentence. 4. The learned counsel for the petitioner submitted that there are several infirmities in the prosecution case, and also there are contradictions in material particulars between the evidence of the prosecution witnesses. 5. This Court has carefully considered the rival contentions put forward by either side and also perused the materials available on record. 6. The learned counsel for the petitioner pointed out that there are certain infirmities and inconsistencies in this case, and also there are certain contradictions in material particulars. The fact remains that there are arguable points involved in this criminal revision and further, the criminal revision is not likely to be taken up for final hearing in the near future and as such, and also considering the fact that the petitioner has good chance of succeeding in the revision petition, this Court is of the considered view that the petitioner herein is entitled to the relief of grant of suspension of sentence. 3/6 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.12953 of 2026 7. Accordingly, this petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the revision with the following directions: (i) The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Paramakkudi; (ii) The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; and (iii) The petitioner shall appear before the learned Judicial Magistrate No.I, Paramakkudi, on all working days at 10.30 a.m., until further orders. 8. Mr.D.Rajaboopathy, learned Government Advocate takes notice for the respondent. 9. Post the matter after four weeks. 03.07.2026 Sm (1/2) Note: Issue order copy on 06.07.2026. 4/6 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.12953 of 2026 To:- 1.The Additional District Court, Paramakkudi. 2.The Judicial Magistrate No.I, Paramakkudi. 3.The Inspector of Police, Nainaarkovil Police Station, Ramanathapuram District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5.The Superintendent of Prison, Central Prison, Madurai. 5/6 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.12953 of 2026 L.VICTORIA GOWRI, J. Sm Crl. MP(MD)No.12953 of 2026 in CRL RC(MD)No.1086 of 2026 (1/2) 03.07.2026 6/6 https://www.mhc.tn.gov.in/judis