✦ High Court of India · 14 Oct 2025

High Court · 2025

Case Details High Court of India · 14 Oct 2025

Court

High Court of India

Decided

14 Oct 2025

Bench

Madras. T.V.THAMILSELVI

Length

1,167 words

IN THE HIGH COURT OF JUDICATURE AT MADRASDated : 14.10.2025Coram:The Honourable Mrs.Justice T.V.THAMILSELVICrl.M.P.No.19027 of 2025in Crl.R.C.No.1945 of 2024V.Murugan ...PetitionerVersusThe State Rep. byThe Inspector of Police,Arni Taluk Police Station,Thiruvannamalai District.(Crime No.767 of 2006) ...RespondentPrayer: This Criminal Miscellaneous Petition is filed under Section 430(1) of BNSS, 2023 praying to suspend the sentence imposed in Crl.A.No.4 of 2013 dated 22.04.2024 on the file of Additional District and Sessions (Fast Track Court) at Arni confirming the judgment and conviction of the Assistant Sessions Court at Arni in S.C.No.38 of 2009 dated 07.01.2013 enlarging him on bail pending disposal of the above revision. 1/9 https://www.mhc.tn.gov.in/judis For Petitioner:Mr.B.SundarapandiyanFor Respondent :Dr.C.E.Pratap,Government Advocate (Crl.Side)ORDERThis Criminal Miscellaneous Petition has been filed by the petitioner/accused seeking to suspend the sentence imposed on him by the Additional District and Sessions (Fast Track Court), Arni vide Judgment dated 22.04.2024 in Crl.A.No.4 of 2013, confirming the Judgment dated 07.01.2013 in S.C.No.38 of 2009 passed by the Assistant Sessions Court, Arni and to enlarge him on bail pending disposal of the above Criminal Revision Petition. 2. The case of the prosecution is that one Mr.Sakthivel (P.W.1) and his elder brother viz., Mr.Venkatesan (father of petitioner/accused) owned 1 Acre 90 Cents of land. A common well was used for irrigating the land of said Sakthivel (P.W.1) through a channel passing his brother's land for the past 20 years. While so, Mr.Venkatesan (father of petitioner/accused) raised objection that his brother Sakthivel (P.W.1) is in possession of 10 Cents of land excessively and he damaged the channel used by Sakthivel (P.W.1) for 2/9 https://www.mhc.tn.gov.in/judis irrigating his land. Aggrieved by the same, Sakthivel (P.W.1) gave a complaint against his brother Venkatesan (father of petitioner/accused). Therefore, there was a dispute between Venkatesan (father of petitioner/accused) and Sakthivel (P.W.1). Under these circumstances, on 15.08.2006, at around 6.30 a.m., when Mrs.Malliga W/o. of Sakthivel (P.W.2) was attending her agricultural work in the sugarcane field of one Mr.Karunakara Mudaliar, petitioner/accused snatched the Aruvaal (M.O.1) in the possession of Malliga (P.W.2) and attacked her by Aruvaal (M.O.1) on her head, chin, ear and right hand. Hence, the said Malliga (P.W.2) fell down unconsciously. Further, petitioner/accused attacked Sakthivel (P.W.1) by an Iron Rod (M.O.2), due to which, Sakthivel (P.W.1) sustained injuries on his left hand thumb. Thereafter, petitioner/accused ran away from the place of occurrence. On the very same day, Sakthivel (P.W.1) gave a complaint before the respondent Police. Based on the complaint given by him, the respondent Police registered a case against the petitioner/accused and conducted investigation. After the completion of investigation, the respondent Police filed the Final Report before the trial Court. The trial Court took the case on file in S.C.No.38 of 2009. The petitioner/accused 3/9 https://www.mhc.tn.gov.in/judis was found guilty for the offences under Section 324 and 307(2) of I.P.C. Therefore, the trial Court vide Judgment dated 07.01.2013 in S.C.No.38 of 2009, convicted the petitioner/accused and sentenced him to undergo simple imprisonment for a period of 7 years for the offence under Section 307 of I.P.C and to pay a fine of Rs.5,000/-, in default, to undergo 2 months simple imprisonment and also, sentenced him to undergo simple imprisonment for a period of 3 years and to pay a fine of Rs.5,000/-, in default, to undergo 2 months simple imprisonment for the offence under Section 324 of I.P.C. Further, for the offence committed by the petitioner/accused against P.W.1 & P.W.2, the trial Court sentenced the petitioner/accused to undergo simple imprisonment for a period of 7 years and to pay a fine of Rs.5,000/-, in default, to undergo 2 months simple imprisonment. Challenging the judgment of the trial Court, the petitioner/accused preferred an Appeal before the Additional District and Sessions (Fast Track Court), Arni. However, the Additional District and Sessions (Fast Track Court), Arni vide Judgment 22.04.2024 in Crl.A.No.4 of 2013, confirmed the judgment of the trial Court. Hence, the petitioner has filed the present Criminal Revision before this Court.4/9 https://www.mhc.tn.gov.in/judis

3. The learned counsel for the petitioner/accused submitted that the injured P.W.1 & P.W.2 are close relatives to the petitioner/accused. Since already there is a civil dispute between the petitioner/accused and P.W.1, the petitioner/accused has been falsely implicated in this case. It is submitted that subsequent to the filing of present Criminal Revision Petition, the petitioner has surrendered before the respondent/Police on 24.01.2025.3.1. It is submitted by the learned counsel for the petitioner/accused that the petitioner/accused is a bachelor and there is no previous case pending against the petitioner/accused. Further, the petitioner/accused is ready to abide any condition to be imposed by this Court.3.2. It is also submitted by the learned counsel for the petitioner/accused that the petitioner/accused has a fair chance of succeeding in the Criminal Revision. Therefore, the learned counsel for the petitioner/accused prayed that the substantive sentence imposed on the 5/9 https://www.mhc.tn.gov.in/judis petitioner/accused may be suspended.4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that he has objection for suspending the sentence imposed on the petitioner/accused.5. Heard the learned counsel for the petitioner/accused and the learned Government Advocate (Crl.Side) appearing for the respondent Police.6. Considering the submissions made by the learned counsel for the petitioner/accused coupled with the quantum of punishment imposed on the petitioner/accused and taking into consideration of the fact that the Criminal Revision is likely to be taken up for final hearing in the near future, this Court is inclined to suspend the substantive sentence of imprisonment alone.7. Accordingly, till the disposal of the Criminal Revision Case, the reliefs of suspension of sentence and bail are granted on the following 6/9 https://www.mhc.tn.gov.in/judis conditions:(i) The sentence of imprisonment imposed on the petitioner/accused shall be suspended and the petitioner/accused shall be released on bail on condition that he shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a likesum to the satisfaction of the trial Court;(ii) The petitioner/accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the trial Court may obtain a copy of their Aadhaar Card or Bank Pass Book and their mobile numbers to ensure their identity;(iii) The petitioner/accused shall appear before the trial Court on the first working day of every English Calendar month at 10.30 a.m., until the disposal of the revision case and if he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 355 of BNSS, 2023 and shall appear before the trial Court on any other day in lieu of his absence, as directed by the trial Court. (iv) The petitioner/accused shall not have any communication with P.W.1.7/9 https://www.mhc.tn.gov.in/judis

8. With the above directions, this Criminal Miscellaneous Petition is allowed.14.10.2025mrr Index: Yes/NoSpeaking Order (or) Non-Speaking OrderNote: Registry is directed to list Crl.R.C.No.1945 of 2024 for hearing on 14.11.2025.To1.The Assistant Sessions Court, Arni.2.The Additional District and Sessions (Fast Track Court), Arni.3.The Inspector of Police, Arni Taluk Police Station, Thiruvannamalai District.4.The Public Prosecutor,8/9 https://www.mhc.tn.gov.in/judis High Court, Madras. T.V.THAMILSELVI, J.mrrCrl.M.P.No.19027 of 2025in Crl.R.C.No.1945 of 202414.10.20259/9

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