Abdul Kasim v. State of Tamilnadu Rep by Inspector of Police, Sayalkudi

ORDER

This Criminal Miscellaneous Petition has been filed to suspend the sentence of imprisonment imposed by the learned Additional District Munsif cum Judicial Magistrate Court, Paramakudi in C.A.No. 48 of 2025 dated 18.04.2026, confirming the conviction and sentence imposed by the learned District Munsif Cum Judicial Magistrate Court, Kadaladi in C.C.No. 99 of 2019 dated 22.08.2025 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 22.08.2025, and the trial Court sentenced him as follows:

i) 304(A)(3 counts) of IPC and sentenced to undergo each one year imprisonment and each Rs.2000 fine, in default, each one month imprisonment.

ii) for the offence under Section 279 of IPC and sentenced to undergo one month imprisonment and Rs.1000 fine, indefault 7 days imprisonment

iii) for the offence under Section 337(2 Counts) of IPC and sentenced to undergo each 1 month imprisonment and Rs.500/- fine, indefault 7 days imprisonment. in C.C.No.99 of 2019 on the file of the learned District Munsif Cum Judicial Magistrate Court, Kadaladi.

¶3The learned Additional District Munsif cum Judicial Magistrate Court, Paramakudi confirmed the conviction, and sentence and dismissed the Criminal Appeal in C.A.No. 48 of 2025 dated 18.04.2026. Challenging the same, the present Criminal Revision Case has been filed before this Court along with this Criminal Miscellaneous Petition seeking suspension of sentence.

¶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 Court, Kadaladi;

(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 Court, Kadaladi, on all working days at 10.30 a.m., until further orders.

08.07.2026 pnn To

¶1The Additional District Judge Paramakudi.

¶2The District Munsif Cum Judicial Magistrate Court, Kadaladi.

¶3The Inspector of Police, Sayalkudi Police Station, Ramanathapuram District.Cr.No. 178/2015.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ooooooooooooooooooooooooooooooooL.oVICTORIAoGOWRI,oJ pnn ooooooooooooooooooooooooooooooooooooooooooooo oooooooooooooooooooooooooooooooooooORDER oooooooooooooooooooooooooooooooooooooIN oooooooooooooooooooooooooCRLoMP(MD).oNo.13300oofo2026 in CRLoRC(MD).oNo.1115oofo2026 ooooooooooooooooooooooooooooooDateoo:o08/07/2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 08/07/2026 CORAM THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI in CRL RC(MD). No.1115 of 2026 Abdul Kasim ... Petitioner Vs State of Tamilnadu Rep by Inspector of Police, Sayalkudi Police Station, Ramanathapuram District. Cr.No. 178/2015. ... Respondent PRAYER :- To suspend the sentence imposed in C.A.No. 48 of 2025 on the file Additional District Judge Paramakudi dated 18.04.2026 and where in the same was confirmed in C.C.No. 99 of 2019 on the file of the District Munsif Cum Judicial Magistrate Court, Kadaladi dated on 22.08.2025. For Petitioner : Mr.Sma Jinnah, Advocate. For Respondent : Mr.D.Rajaboopathy Government Advocate (Crl.Side)