Murugan v. State of Tamilnadu Rep by the Sub Inspector of Police, M.Reddiapatti

ORDER This Criminal Miscellaneous Petition has been filed to suspend the sentence of imprisonment imposed by the learned Additional District and Sessions Judge, Aruppukottai in Crl.A.No.123 of 2023 dated 29.01.2026, confirming the conviction and sentence imposed by the learned Judicial Magistrate, Aruppukottai in CC No.96 of 2017 dated 27.02.2023 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 27.02.2023, and the trial Court sentenced him to undergo simple imprisonment for a period of two years, and also to pay a fine of Rs.3,000/-, in default to undergo one month simple imprisonment, for the offence under Section 457 of IPC and also to undergo simple imprisonment for a period of two years, and also to pay a fine of Rs.2,000/-, in default to undergo one month simple imprisonment, for the offence under Section 380 of IPC in C.C.No.96 of 2017 on the file of the learned Judicial Magistrate, Aruppukottai.

¶3The learned Additional District and Sessions Judge, Aruppukottai, confirmed the conviction, and sentence and dismissed the Criminal Appeal in Crl.A.No.123 of 2023 dated 29.01.2026. 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, Aruppukottai;

(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, Aruppukottai, on all working days at

10.30 a.m., until further orders.

¶8Mr.C.Susikumar, learned Government Advocate takes notice for the respondent.

¶9Post the matter after four weeks.

25.06.2026 Sm (2/3) To:-

1.The Additional District and Sessions Judge, Aruppukottai.

2.The Judicial Magistrate, Aruppukottai.

3.The Inspector of Police, M.Reddiyarpatti Police Station, Virudhunagar District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. L.VICTORIAoGOWRI,oJ. oooooooooooooooooo Sm oo Crl.oMP(MD)No.12184oofo2026 in CRLoRC(MD)No.1016oofo2026 (2/3) ooooooooo

25.06.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.06.2026 CORAM THE HONOURABLE MRS JUSTICE L.VICTORIA GOWRI CRL MP(MD) NO. 12184 of 2026 in CRL RC(MD) NO. 1016 of 2026 Murugan ... Petitioner Vs. The State of Tamilnadu, Rep. by the Sub Inspector of Police, M.Reddiyarpatti Police Station, Virudhunagar District. ... 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 passed by the learned Additional District and Sessions Judge, Aruppukottai made in Crl.A.No.123 of 2023 dated 29.01.2026, by confirming the judgment of conviction passed by the learned Judicial Magistrate, Aruppukottai made in CC No.96 of 2017 dated 27.02.2023 pending disposal of the main criminal revision petition. For Petitioner : Mr.S.Vairamuthu For Respondent : Mr.C.Susikumar Government Advocate (Crl.)