Thirumalai Kannan v. The State Represented by the Inspector of Police

ORDER This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed on the petitioner by judgment dated 18.03.2025 passed in C.C.No.60 of 2021 by the learned Judicial Magistrate No.1, Dharmapuri and confirmed by the judgment dated 11.03.2026 passed in Criminal Appeal No.27 of 2025 on the file of the learned Additional District and Sessions Court, Dharmapuri, pending disposal of the above Criminal Revision and enlarge the petitioner on bail.

¶2The petitioner in C.C.No.60 of 2021 was convicted and sentenced by the Trial Court by the judgment dated 18.03.2025 as tabulated below: 2\7 in Offences Punishment Sections 279 IPC To undergo simple imprisonment of 2 months and to pay fine of Rs.1,000/-, in default to undergo simple imprisonment for one month. Section 338 IPC To undergo three months simple imprisonment and to pay a fine of Rs.1,000/-, in default to undergo simple imprisonment of one month. Section 304(A) IPC To undergo simple imprisonment of one year and to pay fine of Rs.2,000/- in default to simple imprisonment of two months.

¶3Aggrieved by the same, the petitioner had filed a Criminal Appeal in Crl.A.No.27 of 2025 and the First Appellate Court dismissed the appeal by confirming the judgment of the Trial Court. Aggrieved by the dismissal, the petitioner has filed the Criminal Revision Petition in Crl.RC.No.940 of 2026 before this Court along with the instant Criminal Miscellaneous Petition seeking suspension of sentence and bail.

¶4The learned counsel for the petitioner would submit that the occurrence took place on a curved road. Therefore, fixing the responsibility solely on the petitioner is not proper. However, both the Courts below have 3\7 in not taken into consideration the contributory negligence of the deceased. Apart from that the learned counsel for the petitioner has also raised several other aspects which require elaborate deliberation.

¶5Heard the learned counsel on either side and perused the materials available on record.

¶6In view of the above submission made by the learned counsel for the petitioner, this Court is of the view that, a further deliberation is required in this present Civil Revision Petition. Hence, this Court is inclined to suspend the sentence imposed on the petitioner.

¶7Accordingly, this Criminal Miscellaneous Petition stands allowed and the sentence imposed on the petitioner is suspended till the disposal of the above criminal revision 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.25,000/- (Rupees Twenty Five Thousand Only), with two sureties, each 4\7 in for a like sum to the satisfaction of the Judicial Magistrate No.I, Dharmapuri;

(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

(i)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.

27.04.2026 dna (2/2) 5\7 in To

1.The Judicial Magistrate No.1, Dharmapuri.

2.The learned Additional District and Sessions Court, Dharmapuri.

3.The Inspector of Police Dharmapuri Town Police Station, Dharmapuri. (Crime No.1764 of 2020) 6\7 Crl.M.P.oNo.7439oofo2026 in Crl.R.C.oNo.940oofo2026 C.KUMARAPPAN,J. dna Crl.M.P.oNo.7439oofo2026 in oCrl.R.C.oNo.940oofo2026 (2/2)

27.04.2026 7\7

in IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27.04.2026 CORAM THE HONOURABLE MR. JUSTICE C.KUMARAPPAN in Crl.R.C.No.940 of 2026 Thirumalai Kannan S/o. Kannayiram, No.19/52A, Nadumaran Nagar, Dharmapuri. Petitioner(s) Vs The State Represented by The Inspector of Police Dharmapuri Town Police Station, Dharmapuri. (Crime No.1764 of 2020) Respondent(s) Prayer: Criminal Miscellaneous Petition filed to suspend the order of conviction passed by the learned Judicial Magistrate No.1, Dharmapuri, in C.C.No.60 of 2021, dated 18-3-2025, confirmed by the learned Additional District and Sessions Judge, Dharmapuri, in Crl A. No.27 of 2025, dated 11- 03-2026 till the disposal of this Criminal Revision Petition and enlarge the petitioner on bail. 1\7 in For Petitioner(s) : Mr.L.Ramesh For Respondent(s) : Mr.S.Vinoth Kumar Government Advocate (Crl.Side)