High Court · 2025
Case Details
IN THE HIGH COURT OF JUDICATURE AT MADRASDated : 14.10.2025Coram:The Honourable Mrs.Justice T.V.THAMILSELVICrl.M.P.No.19046 of 2025in Crl.A.No.1577 of 2025Sreenath Chathanadat ...PetitionerVersusState Represented by The Inspector of Police,Naduvattam Police Station,Naduvattam, The Nilgiris.(Crime No.5/2022) ...RespondentPrayer: This Criminal Miscellaneous Petition is filed under Section 430(1) of the BNSS, 2023 praying to suspend the sentence imposed on the petitioner in S.C.No.10 of 2023 passed by the learned Sessions Judge of Magalir Neethimandram (FTMC), Udhagamandalam by a Judgment dated 26.09.2025 and enlarge the petitioner on bail pending disposal of the above Criminal Appeal.For Petitioner:Mr.K.BalasubramaniamFor Respondent :Mr.V.Meganathan,Government Advocate (Crl.Side)1/8 https://www.mhc.tn.gov.in/judis ORDERThis Criminal Miscellaneous Petition has been filed by the petitioner/accused seeking to suspend the sentence imposed on him by the learned Sessions Judge, Magalir Neethimandram (FTMC), Udhagamandalam vide Judgment dated 26.09.2025 in S.C.No.10 of 2023 and to enlarge him on bail pending disposal of the above Criminal Appeal.2. The case of the prosecution is that on 08.02.2022, when one Ms.Shalini (P.W.4) was standing in front of her house, an Innova car bearing Registration No.KL 58 E 2379 drove by the petitioner/accused in a rash and negligent manner hit one Mr.Paulose (P.W.7) and dashed into the house of P.W.4 and thereby, caused damages to the house of P.W.4. While driving the said car, the petitioner/accused was in a intoxicated state. Hence, P.W.4 lodged a complaint before the respondent Police. Based on the complaint given by her, the respondent Police registered a case in Crime No.5 of 2022 against the petitioner/accused under Sections 279, 337, 308, 427 and 185 of the Motor Vehicles Act, 1988 (hereinafter referred to as 2/8 https://www.mhc.tn.gov.in/judis “MV Act”). After the completion of investigation, the respondent Police had filed a Charge Sheet which was taken on file by the trial Court in S.C.No.10 of 2023. The petitioner/accused was found guilty for the offence under Sections 279, 337, 427 and 308 of the MV Act. Therefore, the learned Sessions Judge, Magalir Neethimandram (FTMC), Udhagamandalam vide Judgment dated 26.09.2025 in S.C.No.10 of 2023, convicted the petitioner/accused and sentenced him to undergo rigorous imprisonment for a period of 3 years for the offence under Section 308 of the MV Act and directed him to pay a fine of Rs.5,000/- for the offence under Sections 279 & 337 of the MV Act and Section 235(ii) of Cr.P.C., in default, to undergo 3 months simple imprisonment. Further, the petitioner/accused was directed to pay a sum of Rs.30,000/- as compensation to P.W.2 for the offence under Section 427 of the MV Act. Aggrieved by the said conviction and sentence, the petitioner/accused has preferred the present Criminal Appeal before this Court.3. The learned counsel for the petitioner/accused submitted that the learned Sessions Judge, Magalir Neethimandram (FTMC), 3/8 https://www.mhc.tn.gov.in/judis Udhagamandalam vide Order dated 26.09.2025 in C.M.P.No.1686 of 2025 in S.C.No.10 of 2023, suspended the sentence imposed on the petitioner for a period of 30 days i.e., upto 26.10.2025. Now, petitioner/accused is not confined in prison. 3.1. It is further submitted by the learned counsel for the petitioner/accused that the petitioner/accused has been falsely implicated in this case. It is also submitted that the petitioner/accused is ready to abide any condition to be imposed by this Court.3.2. The learned counsel for the petitioner submitted that the petitioner/accused has a fair chance of succeeding in the Criminal Appeal. Therefore, the learned counsel for the petitioner/accused prayed that the substantive sentence imposed on the 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.4/8 https://www.mhc.tn.gov.in/judis
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 Appeal 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 Appeal, the reliefs of suspension of sentence and bail are granted on the following conditions:(i) The petitioner/accused shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), after deducting the amount which was already deposited by the petitioner/accused, if any, to the credit of S.C.No.10 of 2023 on the file of Magalir Neethimandram (FTMC), Udhagamandalam, within a period of three weeks from the date of receipt of a copy of this order, failing which, this order shall stand automatically cancelled.5/8 https://www.mhc.tn.gov.in/judis (ii) On such deposit being made, Ms.Shalini (P.W.4) shall withdraw the amount deposited by the petitioner/accused in S.C.No.10 of 2023 on the file of Magalir Neethimandram (FTMC), Udhagamandalam, on proper identification, in the manner known to law.(iii) If the petitioner/accused fails to deposit the aforesaid amount, it is open to the trial Court to commit the petitioner/accused into custody for undergoing the sentence.(iv) 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;(v) 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;(vi) 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 6/8 https://www.mhc.tn.gov.in/judis 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. 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 this Crl.M.P.No.19046 of 2025 along with Crl.A.No.1577 of 2025 on 27.11.2025 under the caption, “For Reporting Compliance”.To1.The Sessions Judge, Magalir Neethimandram (FTMC), Udhagamandalam, The Nilgiris.2.The Inspector of Police, Naduvattam Police Station, Naduvattam, The Nilgiris.3.The Public Prosecutor, High Court, Madras. 7/8 https://www.mhc.tn.gov.in/judis T.V.THAMILSELVI, J.mrrCrl.M.P.No.19046 of 2025in Crl.A.No.1577 of 202514.10.20258/8
IN THE HIGH COURT OF JUDICATURE AT MADRASDated : 14.10.2025Coram:The Honourable Mrs.Justice T.V.THAMILSELVICrl.M.P.No.19046 of 2025in Crl.A.No.1577 of 2025Sreenath Chathanadat ...PetitionerVersusState Represented by The Inspector of Police,Naduvattam Police Station,Naduvattam, The Nilgiris.(Crime No.5/2022) ...RespondentPrayer: This Criminal Miscellaneous Petition is filed under Section 430(1) of the BNSS, 2023 praying to suspend the sentence imposed on the petitioner in S.C.No.10 of 2023 passed by the learned Sessions Judge of Magalir Neethimandram (FTMC), Udhagamandalam by a Judgment dated 26.09.2025 and enlarge the petitioner on bail pending disposal of the above Criminal Appeal.For Petitioner:Mr.K.BalasubramaniamFor Respondent :Mr.V.Meganathan,Government Advocate (Crl.Side)1/8 https://www.mhc.tn.gov.in/judis ORDERThis Criminal Miscellaneous Petition has been filed by the petitioner/accused seeking to suspend the sentence imposed on him by the learned Sessions Judge, Magalir Neethimandram (FTMC), Udhagamandalam vide Judgment dated 26.09.2025 in S.C.No.10 of 2023 and to enlarge him on bail pending disposal of the above Criminal Appeal.2. The case of the prosecution is that on 08.02.2022, when one Ms.Shalini (P.W.4) was standing in front of her house, an Innova car bearing Registration No.KL 58 E 2379 drove by the petitioner/accused in a rash and negligent manner hit one Mr.Paulose (P.W.7) and dashed into the house of P.W.4 and thereby, caused damages to the house of P.W.4. While driving the said car, the petitioner/accused was in a intoxicated state. Hence, P.W.4 lodged a complaint before the respondent Police. Based on the complaint given by her, the respondent Police registered a case in Crime No.5 of 2022 against the petitioner/accused under Sections 279, 337, 308, 427 and 185 of the Motor Vehicles Act, 1988 (hereinafter referred to as 2/8 https://www.mhc.tn.gov.in/judis “MV Act”). After the completion of investigation, the respondent Police had filed a Charge Sheet which was taken on file by the trial Court in S.C.No.10 of 2023. The petitioner/accused was found guilty for the offence under Sections 279, 337, 427 and 308 of the MV Act. Therefore, the learned Sessions Judge, Magalir Neethimandram (FTMC), Udhagamandalam vide Judgment dated 26.09.2025 in S.C.No.10 of 2023, convicted the petitioner/accused and sentenced him to undergo rigorous imprisonment for a period of 3 years for the offence under Section 308 of the MV Act and directed him to pay a fine of Rs.5,000/- for the offence under Sections 279 & 337 of the MV Act and Section 235(ii) of Cr.P.C., in default, to undergo 3 months simple imprisonment. Further, the petitioner/accused was directed to pay a sum of Rs.30,000/- as compensation to P.W.2 for the offence under Section 427 of the MV Act. Aggrieved by the said conviction and sentence, the petitioner/accused has preferred the present Criminal Appeal before this Court.3. The learned counsel for the petitioner/accused submitted that the learned Sessions Judge, Magalir Neethimandram (FTMC), 3/8 https://www.mhc.tn.gov.in/judis Udhagamandalam vide Order dated 26.09.2025 in C.M.P.No.1686 of 2025 in S.C.No.10 of 2023, suspended the sentence imposed on the petitioner for a period of 30 days i.e., upto 26.10.2025. Now, petitioner/accused is not confined in prison. 3.1. It is further submitted by the learned counsel for the petitioner/accused that the petitioner/accused has been falsely implicated in this case. It is also submitted that the petitioner/accused is ready to abide any condition to be imposed by this Court.3.2. The learned counsel for the petitioner submitted that the petitioner/accused has a fair chance of succeeding in the Criminal Appeal. Therefore, the learned counsel for the petitioner/accused prayed that the substantive sentence imposed on the 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.4/8 https://www.mhc.tn.gov.in/judis
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 Appeal 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 Appeal, the reliefs of suspension of sentence and bail are granted on the following conditions:(i) The petitioner/accused shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), after deducting the amount which was already deposited by the petitioner/accused, if any, to the credit of S.C.No.10 of 2023 on the file of Magalir Neethimandram (FTMC), Udhagamandalam, within a period of three weeks from the date of receipt of a copy of this order, failing which, this order shall stand automatically cancelled.5/8 https://www.mhc.tn.gov.in/judis (ii) On such deposit being made, Ms.Shalini (P.W.4) shall withdraw the amount deposited by the petitioner/accused in S.C.No.10 of 2023 on the file of Magalir Neethimandram (FTMC), Udhagamandalam, on proper identification, in the manner known to law.(iii) If the petitioner/accused fails to deposit the aforesaid amount, it is open to the trial Court to commit the petitioner/accused into custody for undergoing the sentence.(iv) 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;(v) 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;(vi) 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 6/8 https://www.mhc.tn.gov.in/judis 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. 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 this Crl.M.P.No.19046 of 2025 along with Crl.A.No.1577 of 2025 on 27.11.2025 under the caption, “For Reporting Compliance”.To1.The Sessions Judge, Magalir Neethimandram (FTMC), Udhagamandalam, The Nilgiris.2.The Inspector of Police, Naduvattam Police Station, Naduvattam, The Nilgiris.3.The Public Prosecutor, High Court, Madras. 7/8 https://www.mhc.tn.gov.in/judis T.V.THAMILSELVI, J.mrrCrl.M.P.No.19046 of 2025in Crl.A.No.1577 of 202514.10.20258/8