High Court · 2025

CRL RC(MD) No.241 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 08.04.2025Pronounced on : 30.04.2025CORAMTHE HONOURABLE MR JUSTICE K.MURALI SHANKARCRL MP(MD) Nos.2518 and 2520 of 2025in CRL RC(MD) No.241 of 2025Sakthivel Petitioner inboth the petitionsVsState of Tamilnadu rep. byThe Sub Inspector of Police,Kundrakudi Police Station,Sivagangai District.(Crime No.160 of 2016)Respondent inboth the petitionsFor Petitioner : Mr.S.Muniyandi, AdvocateFor Respondent : Mr.B.Thanga Aravindh, Government Advocate (Criminal Side)Prayer in CRL MP(MD).2518 of 2025 : This Criminal Miscellaneous Petition filed under Section 430(i) BNSS praying tosuspend the sentence imposed upon the petitioner in judgment passed by thePrincipal District and Sessions Judge, Sivagangai in C.A.No.8 of 2024 dated19.11.2024 confirmed the conviction on the petitioner by the learned JudicialMagistrate, Karaikudi in C.C.No.634 of 2022 (old C.C.No.65 of 2017) dated 12.02.2024pending disposal of the criminal revision petition.1/6 https://www.mhc.tn.gov.in/judis CRL RC(MD) No.241 of 2025Prayer in CRL MP(MD).2520 of 2025 : This Criminal Miscellaneous Petition filed under Section 482 Cr.P.C. praying toexempt the petitioner from surrendering on the basis of the judgment passed by thePrincipal District and Sessions Judge, Sivagangai in C.A.No.8 of 2024 dated19.11.2024 confirmed the conviction on the petitioner by the learned JudicialMagistrate, Karaikudi in C.C.No.634 of 2022 (old C.C.No.65 of 2017) dated 12.02.2024pending disposal of the criminal revision petition.COMMON ORDERThese Criminal Miscellaneous Petitions have been filed (i) to suspend thesentence of imprisonment imposed on the petitioner/sole accused by the learnedJudicial Magistrate, Karaikudi, in C.C.No.634 of 2022, dated 12.02.2024, which wasconfirmed by the learned Principal District Judge, Sivagangai, in Crl.A.No.8 of 2024,vide judgment dated 19.11.2024, pending disposal of the criminal revision and (ii) toexempt the petitioner to surrender before the trial Court. 2. The case of the prosecution is that the petitioner, who was working as anoffice attender in Tamil Nadu Chemical Company, had stolen gold jewels and silverarticles, which were kept in the office bero and on the basis of the complaint given bythe defacto complainant, FIR came to be registered in Crime No.160 of 2016 on26.11.2016 for the offence under Section 381 IPC.3. The respondent police, after completing the investigation, has filed the finalreport against the petitioner for the offence under Section 381 IPC and the case wastaken on file in C.C.No.634 of 2022 (old C.C.No.65 of 2017) on the file of the Judicial2/6 https://www.mhc.tn.gov.in/judis CRL RC(MD) No.241 of 2025Magistrate, Karaikudi.4. During trial, the prosecution has examined 9 witnesses as P.W.1 to P.W.9 andexhibited 10 documents as Ex.P.1 to Ex.P.10. The accused has adduced neither oralnor documentary evidence.5. The learned trial Judge, upon considering the evidence both oral anddocumentary and on hearing the arguments of both the sides, has passed a judgmentdated 12.02.2024 finding the petitioner guilty for the offence under Section 381 IPCand sentenced him to undergo rigorous imprisonment for two years and to pay a fineof Rs.5,000/-, in default, to undergo rigorous imprisonment for two weeks.6. Challenging the above said conviction and sentence, the petitioner has filedan appeal in Crl.A.No.8 of 2024 on the file of the Principal District Court, Sivagangai.The learned Principal District Judge, by confirming the conviction and sentence,dismissed the appeal. Being dissatisfied with the dismissal of the appeal, thepetitioner has preferred the present Criminal Revision Case along with the abovemiscellaneous petitions.7. Admittedly, pending revision, the petitioner voluntarily surrendered beforethe trial Court on 03.03.2025 and is in custody till now.8. The learned counsel appearing for the petitioner would submit that there areseveral infirmities in the prosecution case and further there are contradictions in3/6 https://www.mhc.tn.gov.in/judis CRL RC(MD) No.241 of 2025material particulars between the evidence of the prosecution witnesses. He wouldfurther submit that the petitioner has already paid the fine amount.9. The learned Government Advocate (Criminal Side) appearing for therespondent has filed a counter affidavit raising objections to suspend the sentenceand would submit that there are enough materials available on record against thepetitioner and hence, he strongly opposed to grant suspension of sentence. 10. This Court has carefully considered the rival contentions put forward byeither side and also perused the materials available on record.11. The learned counsel appearing for the petitioner pointed out that certaininfirmities and inconsistencies in this case and also certain contradictions in materialparticulars. The fact remains that there are arguable points involved in this criminalrevision and further the criminal revision is not likely to be taken up for final hearingin the near future and as such, this Court is of the considered view that the petitionerherein is entitled to the relief of grant of suspension of sentence.12. In the result, the Criminal Miscellaneous Petition in Crl.M.P.(MD)No.2518 of2025 is ordered. Accordingly, the relief of suspension of sentence and bail is grantedto the petitioner on the following conditions:-(i) The petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with two sureties, each for a like4/6 https://www.mhc.tn.gov.in/judis CRL RC(MD) No.241 of 2025sum to the satisfaction of the Judicial Magistrate, Karaikudi;(ii) The sureties shall affix their photographs and Left ThumbImpression in the surety bond and the trial Court may obtain a copy oftheir Aadhar card or Bank Pass Book to ensure their identity; and(iii) The petitioner shall appear before the trial Court once in amonth i.e., on the first working day of every English calendar month at10.30 a.m., until further orders and if he is not able to appear before thetrial Court on any day, he shall make arrangements to file an applicationunder Section 355 B.N.S.S. and shall appear before the trial Court on anyother day in lieu of the date of his absence, as directed by the trial Court. 13. Since the petitioner has already surrendered, the petition in Crl.M.P.(MD)No.2520 of 2025 is dismissed. sd/- 30/04/2025 / TRUE COPY / 30/04/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023. CSMTO1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, SIVAGANGAI.2 THE JUDICIAL MAGISTRATE,KARAIKUDI.5/6 https://www.mhc.tn.gov.in/judis CRL RC(MD) No.241 of 20253 DO THROUGH THE CHIEF JUDICIALMAGISTRATE, SIVAGANGAI DISTRICT.4 THE SUB INSPECTOR OF POLICE,KUNDRAKUDI POLICE STATION,SIVAGANGAI DISTRICT.5 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.6 THE ADDITIONAL PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.S.MUNIYANDI, Advocate ( SR-5226[I] dated 30/04/2025 ) ORDER IN CRL MP(MD) Nos.2518 and 2520 of 2025in CRL RC(MD) No.241 of 2025 Date :30/04/2025SA/SAR. /30.04.2025/6P/7CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6