CRL MP No. 336 of 2026 __________ Page1 of 8 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-07-2026 CORAM THE HON'BLE MR.JUSTICE SHAMIM AHMED CRL MP No. 336 of 2026 in CRL RC NO. 44 OF 2026 Moorthy S/o.Ramadass, Brammadesam Village, Marakkanam Taluk, ..Petitioner Vs The Station House Officer Brammadesam Police Station, Marakkanam Taluk, Crime No.23/2018 ..Respondent Prayer : To suspend the sentence and conviction in C.A.No.48 of 2024 dated 26.08.2025 passed by the Honble II Additional District and Sessions Judge, Tindivanam pending disposal of the above appeal. For Petitioner(s): Mr. M.N.Kathir For Respondent(s): Mr.M.M.I.Khaleel, Government Advocate (Crl. side) ORDER This Criminal Miscellaneous Petition has been filed by the Revision Petitioner/A1, praying to suspend the sentence and conviction in C.A.No.48 of 2024 dated 26.08.2025 passed by the Honble II Additional District and Sessions Judge, Tindivanam. https://www.mhc.tn.gov.in/judis CRL MP No. 336 of 2026 __________ Page2 of 8 2.By the impugned judgement of conviction and sentence and order of the appellate Court, the Revision Petitioner was found guilty for the offences punishable under Section 341 and 307 IPC. The petitioner was convicted and sentenced to pay a fine of Rs.500/- in default, to undergo simple imprisonment for one week for the offence punishable under Section 341 IPC and to undergo rigorous imprisonment for three years and to pay a fine of Rs.2000/- in default to undergo simple imprisonment for three months for the offence punishable under Section 307 IPC. 3.Challenging the above said judgement of conviction and sentence, the Revision Petitioner has filed the above Crl. RC.No.44 of 2026, along with the instant Criminal Miscellaneous Petition, seeking suspension of sentence and bail pending disposal of the Criminal Revision. 4.This Court heard Mr.M.N.Kathir, learned counsel for the Revision Petitioner and Mr.M.M.I.Khaleel, learned Government Advocate appearing for the Respondent/State and considered their submissions and also perused materials placed before this Court. 5.The learned counsel for the Revision Petitioner has submitted that the appellate Court has failed to consider the contradiction in the FIR, evidence of https://www.mhc.tn.gov.in/judis CRL MP No. 336 of 2026 __________ Page3 of 8 the prosecution witnesses and documentary evidence relied on by the trial Court. The appellate court has failed to note that they were 14 witnesses shown in the charge sheet but only 9 witnesses were examined by the prosecution. Among the more 9 witnesses, PW1 witness alone taken into account and all other evidence adduced by the other witnesses are not at all considered by the appellate Court. Further, the Appellate Court has failed to note that the contradiction statement given by the PW1 before the Trial Court and before the investigating officer, which contain exaggeration as against all the accused persons. It was further argued that the judgment passed by the Court below was based on surmises and conjectures without considering the entire evidence on record. 6. It is further argued that due to pendency of the criminal case 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 prayed for suspension of sentence and bail, till the disposal of this Criminal Revision Case. 7. Several other submissions in order to demonstrate the falsity of the allegations made against the Revision Petitioner have also been placed forth https://www.mhc.tn.gov.in/judis CRL MP No. 336 of 2026 __________ Page4 of 8 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 undertake that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in disposal of Revision. 8. The learned Government Advocate has opposed the argument 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 evidences and thus, the relief sought by the Revision Petitioner at this stage, be refused by this Court. 9. Considering the arguments advanced by the learned counsel for the Revision Petitioner as well as the learned Government Advocate, this Court is of the view that the appellate Court has failed to appreciate the evidence on record and the judgment was passed without considering the entire materials placed before it and during the Trial the Revision Petitioner was also on bail. 10. Further, it is observed that when the accused had been under https://www.mhc.tn.gov.in/judis CRL MP No. 336 of 2026 __________ Page5 of 8 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 of Rabi Prakash Vs. The State of Odhisha reported in 2023 Live Law (SC) 533 is of relevance. 11. 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. 12. Accordingly, pending the Criminal Revision Case, the relief of suspension of sentence and bail is granted to Revision Petitioner, namely, Moorthy, S/o.Ramadas, on the following conditions:- ‘’(i) The Revision Petitioner shall surrender before the learned Judicial Magistrate-II, Tindivanam 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 https://www.mhc.tn.gov.in/judis CRL MP No. 336 of 2026 __________ Page6 of 8 of Rs.15,000/- (Rupees fifteen thousand only) each, subject to furnishing an undertaking that she 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 a copy of their Aadhaar card or Bank pass Book to ensure their identity. (iii) The Petitioner shall appear before the learned Judicial Magistrate-II, Tindivanam once in every month, i.e., on 5th day of every month commencing from the month of August 2026 at 10.30 a.m., until further orders. (iv) On acceptance of his bail bond and sureties, the Trial Court shall transmit photostat copies thereof to this Court for being kept on records of this Revision. (v) The realization of the fine amount, if any, shall also remain suspended during the pendency of the present Revision.’’ 13. With the above directions, this Criminal Miscellaneous Petition is ordered. 14-07-2026 rli https://www.mhc.tn.gov.in/judis CRL MP No. 336 of 2026 __________ Page7 of 8 To 1. The Station House Officer Brammadesam Police Station, Marakkanam Taluk. 2. The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis CRL MP No. 336 of 2026 __________ Page8 of 8 SHAMIM AHMED, J. rli CRL MP No. 336 of 2026 IN CRL RC NO. 44 OF 2026 14-07-2026 https://www.mhc.tn.gov.in/judis