Madras High Court
Vasanthakumar vs State By The Sub Inspector Of Police on 15 September, 2025
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
Crl.M.P.No.8877 of 2025
in Crl.R.C.No.572 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.09.2025
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
Crl.M.P.No.8877 of 2025
in Crl.R.C.No.572 of 2025
Vasanthakumar .... Petitioner
Vs
State by the Sub Inspector of Police,
Omarabad Police Station,
Ambur Taluk,
Tirupattur District.
(Crime No.194/2022) .... Respondent
PRAYER: Criminal Miscellaneous Petition filed Section (389 (1) of
Cr.P.C.,) 430 (1) BNSS, to suspend the sentence imposed in the judgment
dated 12.12.2024 made in CRL.A.No.118/2023 on the file of the District
and Sessions Court at Tirupattur modifying the judgment dated passed in
C.C.No.154/2022 dated 28.07.2023 on the file of the Learned Additional
District Munsif cum Judicial Magistrate, Ambur and enlarge the petitioner
on bail pending disposal of main revision petition.
For Petitioner : Ms.Mumtaj Surya
For Respondent : Dr.C.E.Pratap
Government Advocate (Crl.Side)
1/8
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Crl.M.P.No.8877 of 2025
in Crl.R.C.No.572 of 2025
ORDER
This Criminal Miscellaneous Petition has been filed by the petitioner,
seeking suspension of sentence imposed in the judgment dated 12.12.2024
made in CRL.A.No.118 of 2023 on the file of the District and Sessions
Court at Tirupattur modifying the judgment dated passed in C.C.No.154 of
2022 dated 28.07.2023 on the file of the learned Additional District Munsif
cum Judicial Magistrate, Ambur and enlarge the petitioner on bail pending
disposal of main revision petition.
2.The petitioner herein is the accused in C.C.No.154 of 2022 on the
file of the Additional District Munsif cum Judicial Magistrate, Ambur. He
was found guilty for the offence under Sections 294 (b) of IPC, the trial
Court convicted and directed to pay fine of Rs.500/- IDSI for two weeks, for
offence under section 323 of IPC, convicted and directed to pay fine of
Rs.500/- IDSI for 4 weeks, for offence under section 326 of IPC convicted
and sentenced to undergo rigorous imprisonment for one year and directed
to pay fine of Rs.9,000/-, IDSI for 2 months. Aggrieved by the same, the
petitioner had filed an appeal in Crl.A.No.118 of 2023 and the District and
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Sessions Court, Tirupattur by order dated 12.12.2024, had dismissed the
above appeal, confirming the judgment and sentence imposed by the trial
Court. Aggrieved by the same, 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
Revision Case. Learned counsel would further submit that the petitioner
has been falsely implicated in this case by the prosecution. Hence, the
substantive sentence imposed against the petitioner/accused may be
suspended and the petitioner is ready to abide any condition to be imposed
by this Court.
4.Per contra, the learned Government Advocate (Criminal Side)
appearing for the respondent/State raised serious objection for allowing this
petition.
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5.On perusal of records, it is seen that the Trial Court modified the
sentence from one year to three months and by enhancing the fine amount
from Rs.9,000/- to Rs.25,000/- and the petitioner/accused shall pay the
balance fine amount of Rs.16,000/- to the victim.
6.Heard the learned counsel appearing on either side and also perused
the materials placed on record.
7.Considering the submissions of the learned counsel for the
petitioner, coupled with the quantum of punishment imposed upon the
petitioner and taking into consideration the fact that this Criminal Revision
Case is not likely to be taken for final hearing in the near future, 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 and bail are
granted on the following conditions:
(i) the petitioner shall deposit a sum of Rs.16,000/-
(Rupees Sixteen thousand only), if any, to the credit of
C.C.No.154 of 2022, on the file of Additional District
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Munsif cum Judicial Magistrate, Ambur, within a period of
two weeks from the date of receipt of a copy of this order.
Failing which, the order passed by this Court shall stand
automatically cancelled.
(ii) On such deposit being made, the victim is
permitted to withdraw the aforesaid amount i.e., Rs.16,000/-.
(iii) On the failure of the petitioner/accused depositing
the above said amount, it is open to the trial Court to commit
the petitioner/accused into custody for undergoing the
sentence.
(iv) On the petitioner depositing the amount as stated
clause (i) supra, the sentence of imprisonment alone, imposed
on the petitioner/accused, shall be suspended, on his execution
of a bond for a sum of Rs.25,000/- with two sureties, each for a
likesum to the satisfaction of the trial court;
(v) The petitioner and 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 and mobile numbers to ensure their identity;
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(vi) 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 disposal of the appeal 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 355
of BNSS, 2023 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;
8.With the above directions, this Criminal Miscellaneous Petition is
ordered.
15.09.2025
Index : Yes/No
Neutral citation : Yes/No
Speaking/non-speaking order
pam
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To
1.The District and Sessions Court, Tirupattur.
2.The Additional District and Munsif Cum Judicial Magistrate, Ambur.
3.The Sub Inspector of Police, Omarabad Police Station, Ambur Taluk,
Tirupattur District. (Crime No.194/2022)
4.The Public Prosecutor, High Court of Madras.
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T.V.THAMILSELVI, J.
pam
l
15.09.2025
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