Madras High Court
Neelakandan vs The State Of Tamilnadu Represented By ... on 12 February, 2025
Author: P.Velmurugan
Bench: P.Velmurugan
Crl.M.P.Nos.2296 & 2297 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.02.2025
CORAM
THE HON'BLE MR. JUSTICE P.VELMURUGAN
Crl.M.P.Nos.2296 & 2297 of 2025
in
Crl.R.C.No.260 of 2025
Neelakandan ... Petitioner
Vs
The State of TamilNadu represented by its
Inspector of Police,
Palacode Police Station,
Dharmapuri District. ... Respondent
PRAYER in Crl.M.P.No.2296 of 2025: Criminal Miscellaneous petition
filed under Section 397(1) Cr.P.C./Section 438(1) BNSS, to suspend the
sentence made in C.C.No.90 of 2020 on 05.10.2023 by the learned
Judicial Magistrate, Palacode ie, to undergo simple imprisonment for a
period of one month for the offence under Section 279 IPC, to undergo
simple imprisonment for a period of one month for the offence under
Section 337 IPC (6 counts) and to undergo simple imprisonment of one
year under Section 304(A) IPC (concurrently) as confirmed by the
judgment dated 27.09.2024 in Criminal Appeal No.7 of 2024 on the file
of the learned Principal Sessions Judge, Dharmapuri and to enlarge him
on bail,pending disposal of Crl.R.C.
Page 1 of 8
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Crl.M.P.Nos.2296 & 2297 of 2025
PRAYER in Crl.M.P.No.2297 of 2025: Criminal Miscellaneous petition
filed under Section 482 Cr.P.C., /Section 528 of BNSS, seeking to
exempt the petitioner from surrendering in pursuant to the sentence
imposed in C.C.No.90 of 2020 on 05.10.2023 by the learned Judicial
Magistrate, Palacode, as confirmed by the judgment dated 27.09.2024 in
Criminal Appeal No.7 of 2024 on the file of the learned Principal
Sessions Judge, Dharmapuri, pending disposal of Crl.R.C.
For Petitioner : Mr.R.Selvakumar
For Respondent : Mr.S.Sugendran
Additional Public Prosecutor
COMMON ORDER
These Criminal Miscellaneous Petitions have been filed by the
petitioner, seeking suspension of sentence imposed by the learned
Principal Sessions Judge, Dharmapuri in Criminal Appeal No.7 of 2024
dated 27.09.2024, by confirming the judgment and sentence passed in
C.C.No.90 of 2020 on 05.10.2023 by the learned Judicial Magistrate,
Palacode and enlarge the petitioner on bail and seeking to exempt the
petitioner from surrendering before the trial Court pending disposal of the
https://www.mhc.tn.gov.in/judis
Crl.M.P.Nos.2296 & 2297 of 2025
above revision petition.
2. The petitioner herein is the accused in C.C.No.90 of 2020 on
the file of the Judicial Magistrate, Palacode. He was found guilty of the
offence under Sections 279, 337(6 counts), 304(A) of IPC and he has
been convicted and sentenced to undergo simple imprisonment for a
period of one month for the offence under Section 279 IPC, to undergo
simple imprisonment for a period of one month for the offence under
Section 337 IPC (6 counts) and to undergo simple imprisonment of one
year under Section 304(A) IPC (concurrently). Aggrieved against the
same, the petitioner had filed appeal in Criminal Appeal No.7 of 2024
and the learned Principal Sessions Judge, Dharmapuri , by order dated
dated 27.09.2024, had dismissed the appeal and confirmed the conviction
and sentence, against which the present revision has been filed.
3. The learned counsel for the petitioner/accused would submit
that there are arguable points available in the Criminal Revision Case and
the petitioner/accused has got a fair chance of succeeding in the Criminal
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Crl.M.P.Nos.2296 & 2297 of 2025
Revision Case and hence, the substantive sentence imposed against the
petitioner/accused may be suspended and also the petitioner may be
exempted from surrendering before the Trial Court. He would submit that
the petitioner is ready to abide the condition imposed by this Court.
4. Per contra, the learned Additional Government Pleader
appearing for the respondent/State raised serious objection for allowing
these petitions. Further, he would contend that the evidences recorded
from the prosecution witnesses would prove the case of the prosecution
beyond reasonable doubt. According to him, interference of this Court is
not necessary in the findings arrived at by the trial Court.
5. Heard the learned counsel appearing for the petitioner and the
learned Additional Government Pleader appearing for the respondent-
Police and perused the materials available on record.
6. Considering the facts and circumstances of the case coupled
with the quantum of punishment imposed upon the petitioner, also by
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Crl.M.P.Nos.2296 & 2297 of 2025
considering the submissions of the learned counsel for the petitioner and
the learned Additional Government Pleader appearing for the respondent
police, this Court is of the view that the substantive sentence of
imprisonment alone can be suspended on certain conditions.
Accordingly, till the disposal of the Criminal Revision Case, the reliefs of
suspension of sentence, exemption of the petitioner from surrendering
before the trial court and bail are granted on the following conditions:
(a) The petitioner/accused is ordered to be
released on bail, on his executing a bond for a sum
of Rs.10,000/- (Rupees Ten Thousand only) with
two sureties each for a like sum to the satisfaction of
the learned Judicial Magistrate, Palacode.
(b) The petitioner/accused and the sureties
shall affix their photographs and Left Thumb
Impressions in the surety bonds and the Magistrate
may obtain a copy of their Aadhaar Cards or Bank
Pass Books to ensure their identities.
(c) The petitioner shall appear before
the Trial Court on the first working day of every
English Calendar month at 10.30 a.m., until the
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Crl.M.P.Nos.2296 & 2297 of 2025
disposal of the revision petition and if he is not
able to appear before the trial Court on any day,
he shall make arrangements to file an
application under Section 317 Cr.P.C. and shall
appear before the trial Court on any other day in
lieu of the date of his absence, as directed by the
trial Court.
7. With the above directions, these Criminal Miscellaneous
Petitions are ordered.
12.02.2025
( 1/ 2)
mfa
Index:Yes/No
Speaking Order: Yes/No
Neutral Citation: Yes/No
To
1. The Principal Sessions Judge, Dharmapuri.
2. The Judicial Magistrate, Palacode.
https://www.mhc.tn.gov.in/judis
Crl.M.P.Nos.2296 & 2297 of 2025
3. Inspector of Police,
Palacode Police Station,
Dharmapuri District.
4. The Public Prosecutor,
High Court, Chennai.
https://www.mhc.tn.gov.in/judis
Crl.M.P.Nos.2296 & 2297 of 2025
P.VELMURUGAN, J.
mfa
Crl.M.P.Nos.2296 & 2297 of 2025
in
12.02.2025
https://www.mhc.tn.gov.in/judis
