Karthick v. State of Tamilnadu Rep by Inspector of Police, Alangulam

ORDER This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed in C.A.No.164 of 2023 by the Additional District and Sessions Judge (FTC), Tenkasi dated 30.06.2026 confirming the sentence made in C.C.No.404 of 2016 by the Judicial Magistrate, Alangulam dated 25.09.2023 pending disposal of the main criminal revision case.

¶2The learned counsel appearing for the petitioners submitted that the petitioners were convicted by the trial Court on 25.09.2023 in C.C.No.404 of 2016 on the file of the learned Judicial Magistrate, Alangulam and sentenced to undergo rigorous imprisonment for a period of three years for the offence under Section 392 IPC and to pay a fine of Rs.10,000/- each, in default, to undergo simple imprisonment for a period of six months each.

¶3Challenging the above said conviction and sentence, the petitioners have preferred appeal in Crl.A.No.164 of 2023 on the file of the learned Additional District and Sessions Judge (FTC), Tenkasi. The learned Additional District and Sessions Judge (FTC), Tenkasi 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, Alangulam;

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

¶8Accordingly, this Miscellaneous Petition is allowed.

28.07.2026 (2/2) gbg Note : Issue order copy on 28.07.2026. To

1.The Additional District and Sessions Judge (FTC), Tenkasi.

2.The Judicial Magistrate, Alangulam.

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

4.The Inspector of Police, Alangulam Police Station, Tenkasi District.

5.The Superintendent, Central Prison, Palayamkottai.

6.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.15037 of 2026 in CRL RC(MD) No.1241 of 2026 1.Karthick 2.Muthuselvam Petitioners/Petitioners Vs State of Tamilnadu rep. by its The Inspector of Police, Alangulam Police Station, TEnkasi District. ... Respondent/Respondent For Petitioners: Mr.P.Chellapandian For Respondent: Mr.D.Rajaboopathy Government Advocate(Crl.side) Prayer in CRL MP(MD).15037 of 2026 : This Criminal Miscellaneous Petition filed under Section 438(1) B.N.S.S. praying to enlarge the petitioners on bail by suspending the sentence imposed in C.A.No.164 of 2023 by the Additional District and Sessions Judge (FTC), Tenkasi dated 30.06.2026 confirming the sentence made in C.C.No.404 of 2016 by the Judicial Magistrate, Alangulam dated 25.09.2023 pending disposal of the main criminal revision case.