Surendhran v. State of Tamilnadu Rep by Inspector of Police, Thanjavur Taluk

ORDER This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed by Judgment made in Crl.A.No.146 of 2025 passed by the learned II Additional District and Sessions Court, Thanjavur dated 03.07.2026 in confirming the order of the conviction and sentence dated 29.11.2025 in C.C.No.117 of 2018 on the file of the learned Judicial Magistrate No.II, Thanjavur.

¶2The learned counsel appearing for the petitioners submitted that the petitioners were convicted by the trial Court on 29.11.2025 in C.C.No.117 of 2018 on the file of the learned Judicial Magistrate No.II, Thanjavur and sentenced to undergo simple imprisonment for a period of six months for the offence under Section 326 IPC and to pay a fine of Rs.10,000/- each, in default, to undergo simple imprisonment for a period of two months each.

¶3Challenging the above said conviction and sentence, the petitioners have preferred appeal in Crl.A.No.146 of 2025 on the file of the learned II Additional District and Sessions Court, Thanjavur . The learned II Additional District and Sessions Court, Thanjavur by confirming the conviction and sentence, dismissed the appeal. Aggrieved by the same, the petitioners have preferred the present Criminal Revision Case along with the above miscellaneous petition.

¶4The learned Government Advocate(crl.side) strongly objected for granting suspension of sentence, drawing my attention to the fact that the though the learned counsel for the petitioners insisted that suspension of sentence is automatic, the learned Government Advocate(crl.side) strongly objected to the said submission by pointing out that this is not a criminal appeal, but the petitioners have come before this Court by way of revision challenging the concurrent findings of the trial Court as well as the findings of the appellate Court.

¶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 petitioners 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 petitioners have good chance of succeeding in the revision petition, this Court is of the considered view that the petitioners herein are 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 petitioners shall execute a bond for a sum of Rs. 25,000/(Rupees Twenty Five Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Thanjavur;

(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 petitioners shall appear before the learned Judicial Magistrate No.II, Thanjavur on all working days at 10.30 a.m., until further orders.

¶8Accordingly, this Miscellaneous Petition is allowed.

28.07.2026 (2/3) gbg To

1.The II Additional District and Sessions Court, Thanjavur.

2.The Judicial Magistrate No.II, Thanjavur.

3.Do through the Chief Judicial Magistrate, Thanjavur District.

4.The Inspector of Police, Taluk Police Station, Thanjavur District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2026 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI CRL MP(MD) No.15052 of 2026 in CRL RC(MD) No.1244 of 2026 1.Surendhran 2.Parthi @ Parthiban Petitioners/Petitioners Vs State of Tamilnadu rep. by its The Inspector of Police, Taluk Police Station, Thanjavur District. (Crime No.10/2017) ... Respondent/Respondent For Petitioners: Mr.M.Benison For Respondent: Mr.C.Susikumar Government Advocate(Crl.side) Prayer in CRL MP(MD).15052 of 2026 : This Criminal Miscellaneous Petition filed under Section 438(1) B.N.S.S. praying to suspend the sentence imposed by Judgment made in Crl.A.No.146 of 2025 passed by the learned II Additional District and Sessions Court, Thanjavur dated 03.07.2026 in confirming the order of the conviction and sentence dated 29.11.2025 in C.C.No.117 of 2018 on the file of the learned Judicial Magistrate No.II, Thanjavur.