K.Shanmugam v. The State of Tamilnadu Rep by the Inspector of Police, Pulithipatty

ORDER This Criminal Miscellaneous Petition has been filed to suspend the sentence of imprisonment imposed by the learned Principal District and Sessions Judge, Sivagangai in Crl.A.No.102/2023 dated 23.02.2026, confirming the conviction and sentence imposed by the learned District Munsif cum Judicial Magistrate, Singampunari, Sivagangai District in C.C.No.113 of 2019 dated 29.03.2023 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 29.03.2023, and the trial Court sentenced him to undergo simple imprisonment for a period of one year, and also to pay Rs.2,000/-, in default to undergo one month simple imprisonment for the offence under Section 304 A of IPC in C.C.No.113 of 2019 on the file of the learned District Munsif cum Judicial Magistrate, Singampunari, Sivagangai District.

¶3The learned Principal District and Sessions Judge, Sivagangai, modified the conviction, and sentence in Crl.A.No.102/2023 dated

23.02.2026 as to sentenced him to undergo simple imprisonment for a period of six months, and also to pay Rs.2,000/-. Challenging the same, the present Criminal Revision Case has been filed before this Court along with this Criminal Miscellaneous Petition seeking suspension of sentence.

¶4This Court has carefully considered the rival contentions put forward by either side and also perused the materials available on record.

¶5The 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.

¶6Accordingly, 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 cum Judicial Magistrate, Singampunari, Sivagangai District;

(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 cum Judicial Magistrate, Singampunari, Sivagangai District, on all working days at 10.30 a.m., until further orders.

03.06.2026 pnn To

1.The District Munsif cum Judicial Magistrate, Singampunari, Sivagangai District.

2.The Principal District and Sessions Judge, Sivagangai.

3.The Inspector of Police, Pulithipatty Police Station, Sivagangai District. (Crime No.24/2014).

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ooooooooooooooooooooooooooooooooL.oVICTORIAoGOWRI,oJ pnn ooooooooooooooooooooooooooooooooooooooooooooo oooooooooooooooooooooooooooooooooooORDER oooooooooooooooooooooooooooooooooooooIN oooooooooooooooooooooooooCRLoMP(MD).oNo.10073oofo2026 in CRLoRC(MD).oNo.872oofo2026 ooooooooooooooooooooooooooooooDateoo:o03/06/2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03/06/2026 CORAM THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI in CRL RC(MD). No.872 of 2026 K.Shanmugam ... Petitioner Vs The State of Tamilnadu Rep By the Inspector of Police, Pulithipatty Police Station, Sivagangai District. (Crime No.24/2014). ... Respondent PRAYER :- To suspend the sentence of imprisonment imposed by passed by the judgment dated 23.02.2026 passed by the Learned Principal District and Sessions Judge, Sivagangai in Crl.A.No.102/2023 modify the conviction of sentence imposed by the Learned District Munsif cum Judicial Magistrate, Singampunari, Sivagangai District, in C.C.No.113 of 2019 dated 29.03.2023 and enlarge the petitioner on bail, pending disposal of the criminal revision. For Petitioner : Mr. Arunkumar. K.G., Advocate. For Respondent : Mr.D.Rajaboopathy Counsel for the State of TN (Crl.Side)