Dhanasekaran v. State of Tamilnadu Rep by Inspector of Police, Gandhi Market

ORDER

This Criminal Miscellaneous Petition has been filed to suspend the sentence of imprisonment imposed by the learned Principal Sessions Judge, Tiruchirappalli in Crl.A.No.77/2019 dated 21.06.2025, confirming the conviction and sentence imposed by the learned Additional Mahila Court, Trichy, in C.C.No.12 of 2018 dated 12.02.2019 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 12.02.2019, and the trial Court sentenced him to undergo simple imprisonment for a period of three months for the offence under Section 294(b) of IPC and sentenced to undergo one month simple imprisonment for the offence under Section 341 of IPC and to pay a sum of Rs.1000/- and to undergo two years simple imprisonment for the offence under Section 506(2) of IPC and to undergo 2 years simple imprisonment and to pay a fine of Rs.10,000/-, in default to undergo a period of three months for the offence under Section 4 of TNPHW Act in C.C.No.12 of 2018 on the file of the learned Additional Mahila Court, Trichy.

¶3The learned Principal Sessions Judge, Tiruchirappalli, modified the conviction and sentence and acquitted the petitioner under Sections 294(b), 506(ii) and 341 of IPC and convicted for the offence under Section 4 of TNPHW Act and reduced the imprisonment from two years to 18 months simple imprisonment in Crl.A. No. 77/2019 dated

21.06.2025. 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 Additional Mahila Court, Trichy;

(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 Additional Mahila Court, Trichy, on all working days at

10.30 a.m., until further orders.

03.07.2026 pnn To

1.The Additional Mahila Court, Trichy.

2.The Principal Sessions Judge, Tiruchirappalli.

¶3The Inspector of Police, Gandhi Market Police Station, Trichy District. Crime No. 840/2017.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ooooooooooooooooooooooooooooooooL.oVICTORIAoGOWRI,oJ pnn ooooooooooooooooooooooooooooooooooooooooooooo oooooooooooooooooooooooooooooooooooORDER oooooooooooooooooooooooooooooooooooooIN oooooooooooooooooooooooooCRLoMP(MD).oNo.12973oofo2026 in CRLoRC(MD).oNo.1096oofo2026 ooooooooooooooooooooooooooooooDateoo:o03/07/2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03/07/2026 CORAM THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI in CRL RC(MD). No.1096 of 2026 Dhanasekaran ... Petitioner Vs State of Tamilnadu Rep by Inspector of Police, Gandhi Market Police Station, Trichy District. Crime No. 840/2017. ... Respondent PRAYER :- To Suspend the sentence of imprisonment awarded against the petitioner/revision petitioner by the judgment dated 21.06.2025 in Crl.A. No. 77/2019 on the file of the Learned Principal Sessions Judge, Tiruchirappalli modifying the judgment in C.C.No.12 of 2018 dated 12.02.2019 on the file of the learned Additional Mahila Court, Trichy, pending disposal of the Criminal Revision Petition. For Petitioner : Mr. P.Ganapathi Subramanian, Advocate. For Respondent : Mr.D.Rajaboopathy Government Advocate (Crl.Side)