High Court · 2025

CRL MP(MD) No.11105 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03-09-2025CORAMTHE HONOURABLE MR JUSTICE K.MURALI SHANKARCRL MP(MD) No.11105 of 2025in CRL A(MD) No.885 of 20251.Marimuthu2.TaitesAthidan Petitioners/AppellantsVsState of Tamilnadu represented byThe Inspector of Police,Sankarankovil Town Police Station,Tenkasi District.(Crime No.508 of 2016)Respondent/RespondentPrayer in CRL MP(MD).11105 of 2025 : This Criminal Miscellaneous Petition filedunder Section 438(1) B.N.S.S. praying to suspend the execution of sentence bygranting bail in S.C.No.9 of 2024 on the file of the learned Principal District andSessions Court, Tenkasi District pending disposal of the above criminal appeal.Prayer in CRL A(MD).885 of 2025 : This Criminal Appeal filed under Section 415(2)B.N.S.S. praying to admit this appeal on file, to call for the records from the lower1/7 https://www.mhc.tn.gov.in/judis CRL MP(MD) No.11105 of 2025Court in S.C.No.9 of 2024 on the file of the learned Principal District and SessionsCourt, Tenkasi District and set aside the judgment dated 06.08.2015 by acquittingthe appellants and by allowing the appeal.For Petitioners: Mr.V.Kathirvelu, Senior Counsel for Mr.K.JeyamohanFor Respondent: Mr.B.Thanga Aravindh, Government Advocate (Criminal Side)ORDERThis Criminal Miscellaneous Petition has been filed to suspend the sentence ofimprisonment imposed on the petitioners/accused 1 and 2 by the learned PrincipalDistrict and Sessions Judge, Tenkasi District, in S.C.No.9 of 2024 dated 06.08.2025,till the disposal of the appeal.2. The case of the prosecution is that the defacto complainant, P.W.1, wasworking as a fitter in the Sankarankovil Municipality, that the first petitioner haddug the cement road illegally for getting pipe line connection, that the MunicipalityCommissioner has given direction to P.W.1 to make a spot inspection, that on18.10.2016 at about 09.00 a.m., P.W.1 along with P.W.2 and P.W.3 had gone to thespot inspection and during that time, a quarrel arose between the petitioners and thedefacto complainant and that the petitioners had abused them in filthy language2/7 https://www.mhc.tn.gov.in/judis CRL MP(MD) No.11105 of 2025and prevented the public servant from doing their duty and hence, FIR came to beregistered in Crime No.508 of 2016 for the offences under Sections 294(b) and 353IPC and Section 3(1) of TNPPDL Act.3. The respondent police, after completing the investigation, has filed a finalreport and the case was taken on file in P.R.C.No.25 of 2019 on the file of the JudicialMagistrate, Sankarankovil. Subsequently, the case was committed to the SessionsCourt, Tirunelveli and the same was taken on file in S.C.No.446 of 2022 andthereafter, the case was transferred and the same was taken on file in S.C.No.9 of2024 on the file of the Principal District and Sessions Court, Tenkasi District.4. During trial, the prosecution examined 7 witnesses as P.W.1 to P.W.7 andexhibited 9 documents as Ex.P.1 to Ex.P.9. The accused adduced neither oral nordocumentary evidence.5. The learned trial Judge, upon considering the evidence both oral anddocumentary and on hearing the arguments of both the sides, passed the impugnedjudgment dated 06.08.2025 convicting the petitioners. The first petitioner has beenfound guilty and convicted for the offences under Sections 353 and 294(b) IPC and3/7 https://www.mhc.tn.gov.in/judis CRL MP(MD) No.11105 of 2025Section 3(1) of TNPPDL Act and sentenced him to undergo rigorous imprisonmentfor one year and to pay a fine of Rs.1,000/-, in default to undergo simpleimprisonment for a further period of three weeks for the offence under Section 3(1)of TNPPDL Act; to undergo rigorous imprisonment for three months and to pay afine of Rs.400/-, in default to undergo simple imprisonment for a further period ofone week for the offence under Section 353 IPC; and to pay a fine of Rs.300/-, indefault to undergo simple imprisonment for one week for the offence under Section294(b) IPC. The second petitioner has been found guilty and convicted for theoffences under Sections 353 and 294(b) IPC and sentenced him to undergo rigorousimprisonment for three months and to pay a fine of Rs.400/-, in default to undergosimple imprisonment for a further period of one week for the offence under Section353 IPC; and to pay a fine of Rs.300/-, in default to undergo simple imprisonmentfor one week for the offence under Section 294(b) IPC. The above sentences wereordered to be run concurrently. The Trial Court has already suspended the sentenceimposed on the petitioners till 05.09.2025. Challenging the above said conviction andsentence, the accused have preferred the present Criminal Appeal along with theabove miscellaneous petition for suspension of sentence.6. The learned Senior Counsel appearing for the petitioners would submit that4/7 https://www.mhc.tn.gov.in/judis CRL MP(MD) No.11105 of 2025there are several infirmities in the prosecution case and further there arecontradictions in material particulars between the evidence of the prosecutionwitnesses. He would further submit that the petitioners have already paid the fineamount.7. The learned Government Advocate (Criminal Side) appearing for therespondent police would submit that there are enough materials available on recordagainst the petitioners and hence, he strongly opposed to grant suspension ofsentence.8. This Court has carefully considered the rival contentions putforth by eitherside and also perused the materials available on record.9. The learned Senior Counsel appearing for the petitioners would point outcertain infirmities and inconsistencies in this case and also certain contradictions inmaterial particulars. The fact remains that there are arguable points involved in thiscriminal appeal and further the criminal appeal is not likely to be taken up for finalhearing in the near future and as such, this Court is of the considered view that thepetitioners herein are entitled to the relief of grant of suspension of sentence.5/7 https://www.mhc.tn.gov.in/judis CRL MP(MD) No.11105 of 202510. In the result, the Criminal Miscellaneous Petition is ordered. Accordingly,the relief of suspension of sentence is granted to the petitioners on the followingconditions:-(i) The petitioners shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) each with two sureties, eachfor a like sum to the satisfaction of the Principal District and SessionsCourt,Tenkasi District;(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 monthat 10.30 a.m., until further orders and if they are not able to appearbefore the trial Court on any day, they shall make arrangements to filean application under Section 355 B.N.S.S. and shall appear before thetrial Court on any other day in lieu of the date of their absence, asdirected by the trial Court. sd/- 03/09/2025 / TRUE COPY / /09/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.6/7 https://www.mhc.tn.gov.in/judis CRL MP(MD) No.11105 of 2025csmTO1 The Principal District and Sessions Judge, Tenkasi District.2 The Judicial Magistrate,Sankarankovil.3 Do ThroughThe Chief Judicial Magistrate,Tenkasi District.4 The Inspector of Police,Sankarankovil Town Police Station,Tenkasi District.5 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.+1 CC to M/s.K.PRABHU, Advocate ( SR-9576[I] dated 03/09/2025 ) ORDER IN CRL MP(MD) No.11105 of 2025INCRL A(MD) No.885 of 2025 Date :03/09/2025NM/04.09.2025/ 7P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7