Crl.M.P.(MD)No.13437 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.07.2026 CORAM THE HONOURABLE MRS JUSTICE L.VICTORIA GOWRI CRL MP(MD) NO. 13437 of 2026 in CRL RC(MD) NO. 1125 of 2026 1.Mohaideen 2.Shajahan 3.Aysha Parveeen ... Petitioners Vs. The State of Tamilnadu, Rep. by the Inspector of Police, Tamil University Police Station, Thanjavur 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 II Additional District and Sessions Judge, Thanjavur made in C.A.No. 69 of 2026 dated 29.06.2026, confirming the order passed by the learned Judicial Magistrate No.II, Thanjavur made in CC No.1838 of 2025 dated 02.04.2026 pending disposal of the criminal revision petition. For Petitioners : Mr.Ajmal Khan, Senior Counsel for M/s.Ajmal Associates For Respondent : Mr.C.Susikumar Government Advocate (Crl.) 1/6 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.13437 of 2026 ORDER This Criminal Miscellaneous Petition has been filed to suspend the sentence of imprisonment imposed by the learned II Additional District and Sessions Judge, Thanjavur in C.A.No.69 of 2026 dated 29.06.2026, confirming the conviction and sentence imposed by the learned Judicial Magistrate No.II, Thanjavur in CC.No.1838 of 2025 dated 02.04.2026 and enlarge the petitioners on bail, pending disposal of the criminal revision petition. 2. The learned counsel appearing for the petitioners submitted that the third petitioner has already got an order of suspension of sentence vide order of this Court dated 08.07.2026. He further submitted that the petitioners 1 and 2 have been convicted by the trial Court on 18.09.2024, and the trial Court convicted and sentenced the accused persons as follows: Rank of the Accused Offences Punishable Sentence imposed A1 305(a) of BNS 331(4) of BNS 3 years Simple Imprisonment 3 years Simple Imprisonment and fine for each offence Rs. 25,000/-(totally Rs.50,000/-) A2 305(a) of BNS 331(4) of BNS 3 years Simple Imprisonment 3 years Simple Imprisonment and fine for each offence Rs. 25,000/-(totally Rs.50,000/-) 2/6 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.13437 of 2026 3. The learned II Additional District and Sessions Judge, Thanjavur, confirmed the conviction, and sentence and dismissed the Criminal Appeal in C.A.No.69 of 2026 dated 29.06.2026. Challenging the same, the present Criminal Revision Case has been filed before this Court along with this Criminal Miscellaneous Petition seeking suspension of sentence. 4. This Court has carefully considered the rival contentions put forward by either side and also perused the materials available on record. 5. The learned counsel for the petitioners 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 petitioners have good chance of succeeding in the revision petition, this Court is of the considered view that the petitioners 1 and 2 are entitled to the relief of grant of suspension of sentence. 6. Accordingly, this petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the revision with the 3/6 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.13437 of 2026 following directions: (i) The petitioners 1 and 2 shall execute bonds for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Thanjavur; (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 petitioners 1 and 2 shall appear before the learned Judicial Magistrate No.II, Thanjavur, on all working days at 10.30 a.m., until further orders. 7. Mr.C.Susikumar, learned Government Advocate takes notice for the respondent. 8. Post the matter after four weeks. 15.07.2026 Sm (2/3) Note: Issue order copy on 15.07.2026. 4/6 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.13437 of 2026 To:- 1.The II Additional District and Sessions Judge, Thanjavur. 2.The Judicial Magistrate No.II, Thanjavur. 3.The Inspector of Police, Tamil University Police Station, Thanjavur District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5.The Superintendent, Central Prison, Trichy. 5/6 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.13437 of 2026 L.VICTORIA GOWRI, J. Sm Crl. MP(MD)No.13437 of 2025 in CRL RC(MD)No.1125 of 2026 (2/3) 15.07.2026 6/6 https://www.mhc.tn.gov.in/judis