Saravanan v. State of Tamilnadu Rep by the Sub - Inspector of Police, Tiruchirapalli

ORDER This Criminal Miscellaneous Petition has been filed to suspend the sentence of imprisonment imposed by the learned II Additional District and Sessions Judge, Thanjavur in C.A.No.138 of 2025 dated 06.03.2026, confirming the conviction and sentence imposed by the learned Judicial Magistrate No.II, Thanjavur in CC No.564 of 2025 dated 31.10.2025 and enlarge the petitioner on bail, pending disposal of the criminal revision petition.

¶2The learned counsel appearing for the petitioner submitted that the petitioner has been convicted by the trial Court on 31.10.2025, and the trial Court sentenced him to pay Rs.10,000/-, in default to undergo one year simple imprisonment, for the offence under Section 303(2) of BNS, 2023 in C.C.No. 564 of 2025 on the file of the learned Judicial Magistrate No.II, Thanjavur.

¶3The learned II Additional District and Sessions Judge, Thanjavur confirmed the conviction, and sentence and dismissed the Criminal Appeal in C.A.No.138 of 2025 dated 06.03.2026. Challenging the same, the present Criminal Revision Case has been filed before this Court along with this Criminal Miscellaneous Petition seeking suspension of sentence.

¶4The learned counsel for the petitioner submitted that there are several infirmities in the prosecution case, and also there are contradictions in material particulars between the evidence of the prosecution witnesses.

¶5This Court has carefully considered the rival contentions put forward by either side and also perused the materials available on record.

¶6The learned counsel for the petitioner pointed out that there are certain infirmities and inconsistencies in this case, and also there are certain contradictions in material particulars. The fact remains that there are arguable points involved in this criminal revision and further, the criminal revision is not likely to be taken up for final hearing in the near future and as such, and also considering the fact that the petitioner has good chance of succeeding in the revision petition, this Court is of the considered view that the petitioner herein is entitled to the relief of grant of suspension of sentence.

¶7Accordingly, this petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the revision with the following directions:

(i) The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Thanjavur;

(ii) 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 to ensure their identity; and

(iii) The petitioner shall appear before the learned Judicial Magistrate No.II, Thanjavur, on all working days at

10.30 a.m., until further orders.

¶8Considering the fact that the offence involved is an offence relating to the Court, the petitioner is directed to pay an amount of Rs.5,000/- (Rupees Five Thousand only) to the credit of WAA Cornelia Sorabjee Lecture Series, A/C No.6687756541, IFSC Code:IDIB000H040, within a period of two weeks from the date of receipt of a copy of this order.

¶9Mr.M.Sakthi Kumar, learned Government Advocate takes notice for the respondent.

¶10Post the matter after four weeks.

25.03.2026 Sm (2/2) To

1.The II Additional District and Sessions Judge, Thanjavur.

2.The Judicial Magistrate No.II, Thanjavur.

3.The Sub Inspector of Police, GRP Police, Trichy, Tiruchirappalli District.

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25.03.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.03.2026 CORAM THE HONOURABLE MRS JUSTICE L.VICTORIA GOWRI CRL MP(MD) NO. 6281 of 2026 in CRL RC(MD) NO. 522 of 2026 Saravanan ... Petitioner Vs. The State of Tamilnadu, Rep. by the Sub Inspector of Police, GRP Police, Trichy, Tiruchirappalli District. Crime No.29 of 2025. ... Respondent PRAYER: This Criminal Miscellaneous Petition is filed under Section 377(1) of Cr.P.C., (U/s. 438(i) of BNSS) to enlarge the petitioner on bail by suspending the sentence imposed by the Judicial Magistrate No.II, Thanjavur in CC No.564 of 2025 dated 31.10.2025 which was confirmed by the II Additional District and Sessions Judge, Thanjavur in C.A.No.138 of 2025 dated 06.03.2026, pending the disposal of the main criminal revision petition on the file of this Court. For Petitioner : Mr.S.Ramasamy For Respondent : Mr.M.Sakthi Kumar Government Advocate