G. Mariyadoss v. State of Tamilnadu Rep by Inspector of Police, Palakkarai

ORDER This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed on the petitioner by means of the judgment dated 09.06.2026 made in C.A.No.182 of 2025 by the II Additional District and sessions Judge, Tiruchirappalli District confirming the order of sentence as made in C.C.No. 188 of 2014, dated 30.10.2025 by the Judicial Magistrate No.V, Tiruchirappalli, pending disposal of the above criminal revision petition.

¶2The learned counsel appearing for the petitioner submitted that the petitioner was convicted by the trial Court on 30.10.2025 in C.C.No.188 of 2014 on the file of the learned Judicial Magistrate No.V, Tiruchirappalli, and sentenced to undergo simple imprisonment for a period of three years for the offence under Section 420 IPC and to pay a fine of Rs.10,000/-, in default, to undergo simple imprisonment for a further period of three months.

¶3Challenging the above said conviction and sentence, the petitioner has preferred appeal in Crl.A.No.182 of 2025 on the file of the learned II Additional District and sessions Judge, Tiruchirappalli District. The learned II Additional District and sessions Judge, Tiruchirappalli District by confirming the conviction and sentence, dismissed the appeal. Aggrieved by the same, the petitioners has 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 petitioner 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 has 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 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 No.V, Tiruchirappalli;

(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 No.V, Tiruchirappalli on all working days at 10.30 a.m., until further orders.

¶8Accordingly, this Miscellaneous Petition is allowed.

06.08.2026 (2/3) gbg Note : Issue order copy on 13.08.2026. To

1.The II Additional District and sessions Judge, Tiruchirappalli District.

2.The Judicial Magistrate No.V, Tiruchirappalli.

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

4.The Inspector of Police, Palakkarai Police Station, Tiruchirappalli District.

5.The Superintendent, Central Prison, Tiruchirappalli.

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.08.2026 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI CRL MP(MD) No.15520 of 2026 in CRL RC(MD) No.1266 of 2026 G.Mariyadoss Petitioner/Appellant/ 1st Accused Vs State of Tamilnadu rep. by its The Inspector of Police, Palakkarai Police Station, Tiruchirappalli District. (Crime No.871/2013) ... Respondent/Respondent/ Complainant For Petitioner: Mr.A.Punithan for M/s.Tal Law Office For Respondent: Mr.C.Susikumar Government Advocate(Crl.side) Prayer in CRL MP(MD).15520 of 2026 : This Criminal Miscellaneous Petition filed under Section 438(1) B.N.S.S. praying to suspend the sentence as imposed on the petitioner by means of the judgment dated 09.06.2026 made in C.A.No.182 of 2025 by the II Additional District and sessions Judge, Tiruchirappalli District confirming the order of sentence as made in C.C.No.188 of 2014, dated 30.10.2025 by the Judicial Magistrate No.V, Tiruchirappalli, pending disposal of the above criminal revision petition.