S.Gowtham v. The State Rep. by the Inspector of Police,

O R D E R This Criminal Miscellaneous Petition has been filed by the petitioner/accused, seeking suspension of sentence, imposed by the learned Principal District and Sessions Judge, Ariyalur, vide judgment in S.C.No.48 of 2021 dated 03.02.2026.

¶2The petitioner/accused in S.C.No.48 of 2021 was convicted by the Trial Court by judgment dated 03.02.2026 for the following offence: Under Sections Sentence 279 IPC 6 months S.I and fine of Rs.1,000/-, I/d. 3 weeks S.I 337 IPC (4 counts) 3 months S.I and fine of Rs.500/- in each counts, I/d. 1 week S.I 338 IPC 1 year S.I and fine of Rs.1,000/-, I/d. 2 months S.I 304(A) IPC 2 years S.I and fine of Rs.4,000/-, I/d. 3 months S.I

¶3Aggrieved by the same, the petitioner has preferred Crl.A.No.225 of 2026 before this Court along with the instant criminal miscellaneous petition.

¶4The case of the prosecution is that the petitioner, in an inebriated condition, drove a car bearing No.TN 07 BE 5715, in a rash and negligent manner and dashed against the victims, who were sitting on the concrete slab on the side of the road, causing injuries to them; that two persons who had come on a two wheeler and were sitting along with those victims succumbed to the injuries, and thus, committed the aforesaid offence.

¶5The learned senior counsel for the petitioner/accused submitted that the petitioner was originally charged for the offence under Section 304(2) IPC and the Trial Court found the petitioner guilty of the offence under Section 304(A) (1 count) and 337 IPC (4 counts) and sentenced him as stated above; and that the trial Court has suspended the sentence imposed on the petitioner; and that the petitioner has raised substantial grounds in the appeal, which requires consideration, and prayed for suspension of sentence pending disposal of the appeal.

¶6Heard the learned Government Advocate (Crl. Side) appearing for the respondent.

¶7The trial Court had suspended the sentence for one month. The petitioner has raised substantial grounds in the appeal. The appeal is not likely to be taken up for hearing in the near future. Having regard to all the above facts, this Court is inclined to grant the relief of suspension of sentence to the petitioner.

¶8Accordingly, this criminal miscellaneous petition stands allowed and the sentence imposed on the petitioner is suspended till the disposal of the above criminal appeal and the petitioner is ordered to be released on bail on the following conditions: i.The petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties, each for a like sum to the satisfaction of the learned Principal District and Sessions Judge, Ariyalur; ii.The petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Trial Court may obtain a copy of their Aadhar card or Bank pass Book and mobile numbers to ensure their identity; and iii.The petitioner shall appear before the Trial Court on the first working day of every month at 10.30 a.m. until the disposal of the appeal 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 317 Cr.P.C. and shall appear before the Trial Court on any other day in lieu of the date of his absence, as directed by the Trial Court.

27.02.2026 Anu (2/2) To

¶1The Principal District and Sessions Judge, Ariyalur

2.The Inspector of Police, Meensurutty Police Station, Ariyalur District

¶3The Public Prosecutor, High Court of Madras. SUNDER MOHAN

, J.

Anu

in Crl.A.No.225 of 2026

27.02.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 27.02.2026 CORAM THE HON'BLE MR.JUSTICE SUNDER MOHAN in Crl.A.No.225 of 2026 S.Gowtham ... Petitioner/Accused Vs. State rep. By The Inspector of Police, Meensurutty Police Station, Ariyalur District (Crime No.198/2019) ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Sections 415(2) r/w 430(1) of BNSS., pleased to suspend the sentence passed by the learned Principal District and Sessions Judge, Ariyalur, made in S.C.No.48 of 2021, by its judgment dated 03.02.2026, and enlarge the petitioner on bail till the disposal of the above Criminal Appeal. For Petitioner : Mr.S.Ananthanarayanan Senior Counsel for Mr.S.M.Nandhie Devhan For Respondent : Mr.S.Balaji Government Advocate (Crl.Side)