Vignesh Kumar v. State of Tamilnadu Rep by Inspector of Police, Thandikudi

ORDER This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed in Judgment dated 23.09.2024 made in C.C.No.3 of 2024 on the file of the District Munsif and Judicial Magistrate Court No.I, Kodaikanal as confirmed by the Judgment dated 03.02.2026 made in Crl.A.No.100 of 2026 on the file of the Additional District Court (Fast Track Court), Palani.

¶2The learned counsel appearing for the petitioner submitted that the petitioner has been convicted by the trial Court on 23.09.2024, and the trial Court sentenced him to undergo simple imprisonment for a period of one year each, for the offence under Section 379 of IPC and to pay a fine of Rs.5,000/-, in default, to undergo simple imprisonment for a period of three months on the file of the learned Additional District Court (Fast Track Court), Palani.

¶3The learned Additional District Court (Fast Track Court), Palani confirmed the conviction, and confirmed the sentence and dismissed the Criminal Appeal No.100 of 2026 dated 03.02.2026. 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 District Munsif and Judicial Magistrate Court No.I, Kodaikanal ;

(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 District Munsif and Judicial Magistrate Court No.I, Kodaikanal, on all working days at 10.30 a.m., until further orders.

09.04.2026 gbg Note : Issue order copy on 09.04.2026. To

1.The Additional District Court (Fast Track Court), Palani.

2.The District Munsif and Judicial Magistrate Court No.I, Kodaikanal

3.Do through the Chief Judicial Magistrate,

4.The Inspector of Police, Thandikudi Police Station,

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. L.VICTORIAoGOWRI,oJ., oooooooooooooooooo gbg oo Crl.oMP(MD)No.7505oofo2026 in CRLoRC(MD)No.625oofo2026 oooooooooooooo

09.04.2026 (2/3)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.04.2026 CORAM THE HONOURABLE MRS JUSTICE L.VICTORIA GOWRI CRL MP(MD) No.7505 of 2026 in CRL RC(MD) No.625 of 2026 Vignesh Kumar ... Petitioner Vs. The State of Tamil Nadu, rep.by The Inspector of Police, Thandikudi Police Station, (Crime No.160/2023) ... Respondent Prayer : This Criminal Miscellaneous Petition is filed under Section 377(1) of Cr.P.C., (U/s. 438(i) of BNSS) to suspend the sentence imposed in Judgment dated 23.09.2024 made in C.C.No.3 of 2024 on the file of the District Munsif and Judicial Magistrate Court No.I, Kodaikanal as confirmed by the Judgment dated 03.02.2026 made in Crl.A.No.100 of 2026 on the file of the Additional District Court (Fast Track Court), Palani. For Petitioner : Mr.R.Senthil Kumar For Respondent : Mr.M.Sakthi Kumar Government Advocate(Criminal)