High Court · 2025

Crl.MP(MD)No.10398 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 11.09.2025CORAMTHE HONOURABLE MR.JUSTICE SHAMIM AHMED Crl.MP(MD)No.10398 of 2025inCrl.RC.(MD)No.995 of 2025 Raja Palpandian,S/o.(Late) Achappan,College Nagar,Paraimettu Street,Uthamapalayam,Theni District. ... PetitionerVs.Chandradas,S/o.(Late), Nallathambi,D.No.4/4/148, 4th Ward,Thomas Colony,Water Tank Street,Uthamapalayam,Theni District. ... Respondent Prayer : This Criminal Miscellaneous Petition filed under Section 438(1) of B.N.S.S.praying to suspend the Sentence passed by the Fast Track Court, Uthamapalayam inS.T.C.No.86/2022 dated 27.02.2023 confirmed in Criminal Appeal No.102/2023dated 24.09.2024 by the Additional District (Fast Track) Court, Theni and enlarge thePetitioner on bail, till the disposal of the revision on such terms. 1/10 https://www.mhc.tn.gov.in/judis Crl.MP(MD)No.10398 of 2025 For Petitioner : Mr.Niranjan S.KumarFor Respondent: Mr.P.Santhosh KumarORDERThis Criminal Miscellaneous Petition has been preferred seeking to suspendthe sentence imposed upon the Petitioner, by the Fast Track Court, Uthamapalayamin S.T.C.No.86/2022 dated 27.02.2023 confirmed in Criminal Appeal No.102/2023dated 24.09.2024 by the Additional District (Fast Track) Court, Theni.2. Heard Mr.Niranjan S.Kumar, learned counsel for the Petitioner andMr.P.Santhosh Kumar, learned counsel for the Respondent. 3. The Petitioner, who was the sole accused in S.T.C.No.86 of 2022 wasconvicted and sentenced by the trial court as follows:Petitioner'sRankProvision underwhich convictedSentenceSole AccusedU/s.138 of NI ActTo undergo 1 year simple imprisonment and topay the sum of Rs.1,25,000/- as compensationto the Respondent/Complainant, in default, toundergo three months simple imprisonment The judgment of conviction and sentence imposed on the Petitioner by the trial2/10 https://www.mhc.tn.gov.in/judis Crl.MP(MD)No.10398 of 2025 court was confirmed by the Additional District (Fast Track) Court, Theni in CriminalAppeal No.102/2023 dated 24.09.2024. Challenging the above conviction andsentence, the Petitioner has filed Criminal Revision Petition in Crl.RC(MD)No.995 of2025 along with the instant miscellaneous petition, seeking suspension of sentenceand bail.4. Mr.Niranjan S.Kumar, learned counsel for the petitioner submits that boththe Trial Court and the Lower Appellate Court failed to consider the defence raisedby the appellant in proper and perspective manner and also failed to consider theoral evidence of DW2 and Ex-D4. Thus, the learned counsel submits that the TrialCourt as well as the Appellate Court failed to take into consideration the materialobjects in a proper and respective manner and imposed the punishment of one yearimprisonment and directed the appellant to pay a sum of Rs.1,25,000/- to theRespondent as compensation and failure of the same to undergo a sentence of threemonths imprisonment. In view of the above, it was argued that the convictionrecorded by both the Courts is legally unsustainable. It was further argued that thelearned Trial Court as well as the Appellate Court also failed to notice thediscrepancies in the deposition of witnesses and the crystal part of the evidenceswas not at all assessed by both the Courts below. It was further argued that the3/10 https://www.mhc.tn.gov.in/judis Crl.MP(MD)No.10398 of 2025 judgment passed by both the courts below was based on surmises and conjectureswithout considering the entire evidence on record. 5. It was further argued that due to pendency of the criminal cases before thisHigh Court, there is a blinking chance that in the near future, this criminal revisioncase will be finally heard and decided. He further submits that there are arguablepoints in this Revision and the petitioner has fair chance of success in this CriminalRevision Case. Thus, he prayed for suspension of sentence and be released on bail,till the disposal of this Criminal Revision Petition as the Petitioner was alreadygranted bail during trial.6. Several other submissions in order to demonstrate the falsity of theallegations made against the Revision petitioner have also been placed forth beforethe Court. The circumstances which, according to the counsel, led to the falseimplication of the accused have also been touched upon at length. It has beenassured on behalf of the revision petitioner that he is ready to cooperate with theprocess of law and shall faithfully make himself available before the courtwhenever required and is also ready to accept all the conditions which the Courtmay deem fit to impose upon him. The revision petitioner undertakes that, in case,4/10 https://www.mhc.tn.gov.in/judis Crl.MP(MD)No.10398 of 2025 he is released on bail, he will not misuse the liberty of bail and will cooperate indisposal of revision.7. Mr.P.Santhosh Kumar, learned counsel for the Respondent, has opposed theargument advanced by the learned counsel for the Revision Petitioner and submitsthat the judgments passed by the courts below are as per the law after consideringthe entire evidence, thus the relief sought by the Revision Petitioner at this stage berefused by this Court. 8. When the matter was taken up for hearing on 06.08.2025, the co-ordinatebench of this Court passed the following order:“The petitioner is directed to deposit 20% of the compensationamount to the credit of S.T.C.No.86 of 2022 on the file of JudicialMagistrate (Fast Track) Court, Uthamapalayam on or before 29.08.2025.2.Post on 11.09.2025 for reporting compliance.”9. Today, when the matter is being taken up, the learned counsel for thePetitioner produced a memo annexing a copy of the demand draft andacknowledgment receipt given by the Fast Track Court, Uthamapalaym, incompliance with the order dated 06.08.2025 passed by the co-ordinate bench of this5/10 https://www.mhc.tn.gov.in/judis Crl.MP(MD)No.10398 of 2025 Court and submits that the Petitioner deposited 20% of the compensation amount tothe tune of Rs.25,000/- (Rupees Twenty Five Thousand only) to the credit of STCNo.86 of 2022 on the file of the Judicial Magistrate (Fast Track Court) Court,Uthamapalayam, on 29.08.2025. The copy of the demand draft andacknowledgment receipt is produced before this Court and the same is taken onrecord. 10. The learned counsel for the Respondent prays that this Court may bepleased to direct the Judicial Magistrate (Fast Track) Court, Uthamapalayam, topermit the Respondent to withdraw the sum of Rs.25,000/- (Rupees Twenty FiveThousand only), which has already been deposited by the Petitioner, within the timeperiod stipulated by this Court.11. Considering the arguments advanced by the learned counsel for thepetitioner as well as the learned counsel for the Respondent, this court is of the viewthat the trial court has failed to appreciate the evidence on record and the judgmentwas passed without considering the entire materials place before it and during trialthe Revision petitioner was also on bail.12. Further, it is observed that when the accused have been under6/10 https://www.mhc.tn.gov.in/judis Crl.MP(MD)No.10398 of 2025 incarceration for sometime and when there are points in the revision, which favourthe accused, then the courts should not shy from granting suspension of sentence, asthe liberty of the individual would be at stake if the revision results in acquittal at alater point of time. In this regard, the decision of the Hon'ble Supreme Court ofIndia in the case of Rabi Prakash Vs. The State of Odhisha reported in 2023 LiveLaw (SC) 533 is of relevance.13. The petitioner has raised substantial grounds in the Revision which requiredetailed appraisal. Further, the Revision is not likely to be taken up in the nearfuture. In such view of the matter, this Court is of the view that the Revisionpetitioner is entitled to the relief of suspension of sentence and bail.14. Accordingly, the relief of suspension of sentence and bail is granted toRevision Petitioner namely Raja Palpandian, S/o.Achappan on the followingconditions:7/10 https://www.mhc.tn.gov.in/judis Crl.MP(MD)No.10398 of 2025 (i)The Revision petitioner shall surrender before the Learned JudicialMagistrate, (Fast Track) Court, Uthamapalayam, within threeweeks from today and on such surrender, the revision petitioner isordered to be released on bail on his executing a personal bondalong with two sureties for a sum of Rs.10,000/- each subject tofurnishing undertaking that he will co-operate in the hearing of thepresent Revision.(ii)The Revision petitioner and sureties shall affix their photographsand Left Thumb Impression in the bond and the above said Courtmay obtain a copy of their Aadhaar card or Bank pass Book toensure their identity; and;(iii)The realization of fine, if any, shall also remain suspended duringthe pendency of the present Revision.(iv)The petitioner shall appear before the Judicial Magistrate (FastTrack) Court, Uthamapalayam, once in a month ie., on the firstworking day of Every English Calendar month at 10.30 a.m.,until further orders.15. On acceptance of his bail bonds and sureties, the learned trial court shalltransmit photostat copies thereof to this Court for being kept on records of thisRevision.16. The Respondent is permitted to file an appropriate application before theJudicial Magistrate (Fast Track) Court, Uthamapalayam, seeking withdrawal of the8/10 https://www.mhc.tn.gov.in/judis Crl.MP(MD)No.10398 of 2025 sum of Rs.25,000/- (Rupees Twenty Five Thousand only), which was deposited bythe petitioner in compliance with the order dated 06.08.2025 passed by the co-ordinate Bench of this Court in the present Revision Petition. Upon receipt of suchapplication, the Judicial Magistrate (Fast Track) Court, Uthamapalayam, is directedto process the same and release the aforesaid amount to Respondent within aperiod of ten (10) days from the date of receipt of the application.17. With the above directions, this Criminal Miscellaneous Petition is ordered. sd/- 11/09/2025 / TRUE COPY / /09/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.nsrTO1 The Judicial Magistrate (Fast Track) Court, Uthamapalayam.2 The Additional District (Fast Court) Court,Uthamapalayam.3 The Additional Public Prosecutor,Madurai Bench of Madras High Court.Madurai.9/10 https://www.mhc.tn.gov.in/judis Crl.MP(MD)No.10398 of 2025 +1. C.C. to M/S.NIRANJAN S. KUMAR (2931/20 Advocate SR.No.9928 (I)DT.11/09/2025+1. C.C. to M/S.NIRANJAN S. KUMAR (2931/20 Advocate SR.No.9963 (I)DT.11/09/2025 ORDER IN CRL MP(MD) No.10398 of 2025 IN CRL RC(MD) No.995 of 2025 Date :11/09/2025NM/15.09.2025/ 10P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 10/10