Crl.M.P.(MD)No.12706 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.07.2026 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI CRL MP(MD) No.12706 of 2026 in CRL RC(MD) No.1064 of 2026 1.Ramasamy 2.Chithra 3.Ponnammal Petitioners/Petitioners Vs State of Tamilnadu rep. by its The Sub Inspector of Police, Chinthamanipatty Police Station, Karur District. (Crime No.216/2020) ... Respondent/Respondent For Petitioners: Mr.A.N.Ramanathan For Respondent: Mr.D.Rajaboopathy Government Advocate(Crl.side) Prayer in CRL MP(MD).12706 of 2026 : This Criminal Miscellaneous Petition filed under Section 438(1) B.N.S.S. praying to suspend the sentence imposed in judgment dated 30.04.2026 in Crl.A.No.70 of 2025 on the file of the District and Sessions Judge, Karur confirming the conviction and sentence imposed in C.C.No.112 of 2021 by judgment dated 04.02.2025 on the file of the learned Judicial Magistrate No.I, Kulithalai and enlarge the petitioner on bail, pending disposal 1/6 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.12706 of 2026 of the above criminal revision. ORDER This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed in judgment dated 30.04.2026 in Crl.A.No.70 of 2025 on the file of the District and Sessions Judge, Karur confirming the conviction and sentence imposed in C.C.No.112 of 2021 by judgment dated 04.02.2025 on the file of the learned Judicial Magistrate No.I, Kulithalai and enlarge the petitioner on bail, pending disposal of the above criminal revision. 2. The learned counsel appearing for the petitioners submitted that the 1st petitioner was convicted by the trial Court on 04.02.2025 in C.C.No.112 of 2021 on the file of the learned Judicial Magistrate No.I, Kulithalai and sentenced to undergo simple imprisonment for a period of one year for the offence under Section 326 IPC and to pay a fine of Rs.1000/-, in default, to undergo simple imprisonment for a period of one month. The 2nd and 3rd petitioners were sentenced to pay fine amount of Rs.1,000/- each, in default, to undergo simple imprisonment for a period of one month for the offence under Section 323 IPC. 2/6 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.12706 of 2026 3. Challenging the above said conviction and sentence, the petitioners have preferred appeal in Crl.A.No.70 of 2025 on the file of the learned District and Sessions Judge, Karur . The learned District and Sessions Judge, Karur by confirming the conviction and sentence, dismissed the appeal. Aggrieved by the same, the petitioners have preferred the present Criminal Revision Case along with the above miscellaneous petition. 4. The learned counsel for the petitioners submitted that in respect of petitioners 2 and 3, he is not pressing and has also made an endorsement to that effect. 5. The learned Government Advocate(crl.side) strongly objected for granting suspension of sentence, drawing my attention to the fact that the though the learned counsel for the petitioner insisted that suspension of sentence is automatic, the learned Government Advocate(crl.side) strongly objected to the said submission by pointing out that this is not a criminal appeal, but the petitioners has come before this Court by way of revision challenging the concurrent findings of the trial Court as well as the findings of the appellate Court. 3/6 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.12706 of 2026 6. This Court has carefully considered the rival contentions put forward by either side and also perused the materials available on record. 7. 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. 8. Accordingly, this petition is allowed in respect of the 1st petitioner is concerned and the substantive sentence of imprisonment alone is suspended pending disposal of the revision with the following directions : (i) The 1st 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, Kulithalai; (ii) The sureties shall affix their photographs and Left Thumb 4/6 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.12706 of 2026 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, Kulithalai on all working days at 10.30 a.m., until further orders. 9. Accordingly, this Miscellaneous Petition is allowed. 01.07.2026 (2/3) gbg To 1.The District and Sessions Judge, Karur 2.The Judicial Magistrate No.I, Kulithalai 3.Do through the Chief Judicial Magistrate, Karur District. 4.The Sub Inspector of Police, Chinthamanipatty Police Station, Karur District. 5/6 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.12706 of 2026 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 6/6 https://www.mhc.tn.gov.in/judis