High Court · 2025

CRL RC(MD) No.235 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 22.04.2025Pronounced on : 30.04.2025CORAMTHE HONOURABLE MR JUSTICE K.MURALI SHANKARCRL MP(MD) Nos.2464 and 2466 of 2025in CRL RC(MD) No.235 of 20251.Sebastian Raja2.Ready3.Arulandhu4.Fleming Raj5.Yesuraj6.John Petitioners inboth the petitionsVsThe State of Tamil Nadu, rep. byThe Inspector of Police,Arimalam Police Station,Pudukkottai District.(Crime No.76 of 2012)Respondent inboth the petitions(in both the petitions)For Petitioners : Mr.D.Ramesh Kumar, AdvocateFor Respondent : Mr.B.Thanga Aravindh, Government Advocate (Criminal Side)1/9 https://www.mhc.tn.gov.in/judis CRL RC(MD) No.235 of 2025Prayer in CRL MP(MD).2464 of 2025 : This Criminal Miscellaneous Petition filed under Section 438 B.N.S.S. praying tosuspend the sentence of imprisonment and sentence imposed in Crl.A.No.52 of 2022on the file of the Additional District and Sessions Judge, Pudukkottai dated25.09.2024 by confirming the conviction and sentence imposed in C.C.No.41 of 2022on the file of the Judicial Magistrate Court No.I, Pudukkottai, dated 21.09.2022,pending disposal of the criminal revision.Prayer in CRL MP(MD).2466 of 2025 : This Criminal Miscellaneous Petition filed under Section 528 B.N.S.S. praying toexempt the petitioners from surrender in pursuance to the judgment dated 25.09.2024made in Crl.A.No.52 of 2022 on the file of the Additional District and Sessions Judge,Pudukkottai by confirming the conviction and sentence imposed in C.C.No.41 of 2022on the file of the Judicial Magistrate Court No.I, Pudukkottai, dated 21.09.2022.COMMON ORDERThese Criminal Miscellaneous Petitions have been filed (i) to suspend thesentence of imprisonment imposed on the petitioners/accused 1 to 6 by the learnedJudicial Magistrate No.1, Pudukkottai, in C.C.No.41 of 2022, dated 21.09.2022, whichwas confirmed by the learned Additional District and Sessions Judge, Pudukkottai, inCrl.A.No.52 of 2022, vide judgment dated 25.09.2024, pending disposal of the2/9 https://www.mhc.tn.gov.in/judis CRL RC(MD) No.235 of 2025criminal revision and (ii) to exempt the petitioners to surrender before the trial Court.2. The case of the prosecution is that due to previous enmity, on 25.06.2012 atabout 09.30 p.m., the petitioners had unlawfully assembled in front of the defactocomplainant's house and attacked him by using iron rod and also caused criminalintimidation and on the basis of the complaint given by the defacto complainant, FIRcame to be registered in Crime No.76 of 2012.3. The respondent police, after completing the investigation, has filed the finalreport against the petitioners and the case was taken on file in C.C.No.41 of 2022 onthe file of the Judicial Magistrate No.1, Pudukkottai.4. During trial, the prosecution has examined 11 witnesses as P.W.1 to P.W.11,exhibited 14 documents as Ex.P.1 to Ex.P.14 and marked 5 material objects as P.M.O.1to P.M.O.5. The accused have adduced neither oral nor 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 21.09.2022 convicting the petitioners and sentenced them as follows:-3/9 https://www.mhc.tn.gov.in/judis CRL RC(MD) No.235 of 2025AccusedSectionSentenceA1-SebastianRajaA4-Fleming RajA2-Readyunder Section 148 IPCunder Section 326 IPCunder Section 148 IPCunder Section 323 IPCunder Section 325 IPCto undergo 3 years SimpleImprisonment and to pay a fine ofRs.1,000/-, in default, to undergo 3months Simple Imprisonmentto undergo 3 years SimpleImprisonment and to pay a fine ofRs.1,000/-, in default, to undergo 3months Simple Imprisonmentto pay compensation ofRs.25,000/- to P.W.1 and P.W.2respectively, in default, to undergo3 months Simple Imprisonmentto undergo 3 years SimpleImprisonment and to pay a fine ofRs.1,000/-, in default, to undergo 3months Simple Imprisonmentto undergo 1 year SimpleImprisonment and to pay a fine ofRs.1,000/-, in default, to undergo 3months Simple Imprisonmentto undergo 3 years SimpleImprisonment and to pay a fine ofRs.1,000/-, in default, to undergo 3months Simple Imprisonmentto pay compensation of Rs.25,000/-to P.W.2, in default, to undergo 3months Simple Imprisonment4/9 https://www.mhc.tn.gov.in/judis CRL RC(MD) No.235 of 2025AccusedSectionSentenceA3-ArulandhuA5-YesurajA6-Johnunder Section 148 IPCunder Section 148 IPCunder Section 427 IPCto undergo 3 years SimpleImprisonment and to pay afine of Rs.1,000/-, in default,to undergo 3 months SimpleImprisonmentto undergo 3 years SimpleImprisonment and to pay afine of Rs.1,000/-, in default,to undergo 3 months SimpleImprisonmentto undergo 1 year SimpleImprisonment and to pay afine of Rs.1,000/-, in default,to undergo 3 months SimpleImprisonmentFurther ordered that above the sentences of imprisonment to run concurrently.Challenging the said judgment of conviction and sentence, the petitioners havepreferred an appeal in Crl.A.No.52 of 2022 on the file of the Additional District andSessions Court, Pudukkottai. The learned Sessions Judge, by confirming theconviction and sentence, dismissed the appeal. Being dissatisfied with the dismissalof the appeal, the petitioners have preferred the present Criminal Revision Case alongwith the above miscellaneous petitions.5/9 https://www.mhc.tn.gov.in/judis CRL RC(MD) No.235 of 20256. Admittedly, pending revision, the petitioners surrendered before the trialCourt on 07.03.2025 and are in custody till now.7. The learned counsel appearing for the petitioners would submit that there areseveral infirmities in the prosecution case and further there are contradictions inmaterial particulars between the evidence of the prosecution witnesses. 8. The learned Government Advocate (Criminal Side) appearing for therespondent would submit that the petitioners 2 and 6 are having one previous caseand that there are enough materials available on record against the petitioners andhence, he strongly opposed to grant suspension of sentence. 9. This Court has carefully considered the rival contentions put forward byeither side and also perused the materials available on record.10. The learned counsel appearing for the petitioners 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 hearing6/9 https://www.mhc.tn.gov.in/judis CRL RC(MD) No.235 of 2025in the near future and as such, this Court is of the considered view that the petitionersherein are entitled to the relief of grant of suspension of sentence.11. In the result, the Criminal Miscellaneous Petition in Crl.M.P.(MD)No.2464 of2025 is ordered. Accordingly, the relief of suspension of sentence and bail is grantedto the petitioners on the following conditions:-(i) The petitioners shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) each with two sureties, each for alike sum to the satisfaction of the Judicial Magistrate No.1, Pudukkottai;(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 petitioners 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 they are not able to appear beforethe trial Court on any day, they shall make arrangements to file anapplication under Section 355 B.N.S.S. and shall appear before the trialCourt on any other day in lieu of the date of their absence, as directed bythe trial Court. 7/9 https://www.mhc.tn.gov.in/judis CRL RC(MD) No.235 of 202512. Since the petitioners have already surrendered, the petition in Crl.M.P.(MD)No.2466 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 ADDITIONAL DISTRICT AND SESSIONS JUDGE, PUDUKKOTTAI.2 THE JUDICIAL MAGISTRATE NO.I,PUDUKKOTTAI.3 DO THROUGH THE CHIEF JUDICIALMAGISTRATE, PUDUKKOTTAI DISTRICT.4 THE SUPERINTENDENT,CENTRAL PRISON, TRICHY.5 THE INSPECTOR OF POLICE,ARIMALAM POLICE STATION,PUDUKKOTTAI DISTRICT.6 THE ADDITIONAL PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 8/9 https://www.mhc.tn.gov.in/judis CRL RC(MD) No.235 of 2025 ORDER IN CRL MP(MD) Nos.2464 and 2466 of 2025in CRL RC(MD) No.235 of 2025 Date :30/04/2025 SA/SAR. /30.04.2025/9P/7CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 9/9