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Madras High Court
Muthu @ China Muthu vs The State Rep By, The Inspector Of Police on 7 April, 2026
CRL MP Nos. 6085 & 6090 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-04-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
CRL MP Nos. 6085 & 6090 of 2026
IN
CRL RC NO. 768 OF 2026
Muthu @ Chinna Muthu
S/o Gangadharan,
Bajanai Koil Street,
Chinnampettai Colony,
Tiruvalangadu,
Thiruvallur.
..Petitioner(s)
Vs
The State Rep By, The Inspector of Police
D2, Thiruvalangadu Police Station,
Thiruvallur.
Crime No.175 of 2015.
..Respondent(s)
PRAYER in Crl.M.P.No.6085 of 2026: Criminal Miscellaneous Petition filed
under Section 430 (1) of BNSS, to suspend the imprisonment imposed in
C.C.No.9 of 2017 on the file of Learned Judicial Magistrate, Tiruttani by
Judgment dated 11.07.2022 and confirming the judgment dated 09.02.2026
made in CA.No.86 of 2022 on the file of Ist Additional District and Sessions
Judge, Thiruvallur.
PRAYER in Crl.M.P.No.6090 of 2026: Criminal Miscellaneous Petition filed
under Section 528 of BNSS, to exempt the petitioner to surrender before the
appellate court on the judgment dated 09.02.2022 made in C.A.No.86 of 2022
on the file of 1st Additional District and Sessions Judge, Thiruvallur by
confirming the judgment dated 11.07.2022 made in C.C.No.9 of 2017 on the
file of Learned Judicial Magistrate, Tiruttani.
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CRL MP Nos. 6085 & 6090 of 2026
For Petitioner(s): A.Vijaya Sankar
COMMON ORDER
These Criminal Miscellaneous Petitions have been filed to suspend the
sentence imposed on the petitioner and to exempt him from surrendering
pursuant to the judgment dated 09.02.2026 passed in C.A.No.86 of 2022 on the
file of the learned 1st Additional District and Session Judge, Thiruvallur
confirming the judgment dated 11.07.2022 passed in C.C.No.9 of 2017 on the
file of the learned Judicial Magistrate, Tiruttani, pending disposal of the above
criminal revision, and to enlarge the petitioner on bail.
2. The petitioner has been convicted and sentenced by the learned Trial Judge as
follows:-
Accused Conviction under Sections Sentence awarded
Three months simple
A1 U/s.279 IPC imprisonment and fine of
Rs.500/- in default to
under go one month
Simple Imprisonment.
One year simple
U/s. 304(A) IPC imprisonment and fine of
Rs.1000/- in default to
undergo one month
simple imprisonment
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CRL MP Nos. 6085 & 6090 of 2026
3. Aggrieved by the same, the petitioner filed a Criminal Appeal in
C.A.No.86 of 2022, and the same was dismissed by the learned 1 st Additional
District and Session Judge, Thiruvallur, confirming the judgment dated
11.07.2022 passed in C.C.No.9 of 2017. Aggrieved by the same, the petitioner
has filed criminal miscellaneous petitions seeking suspension of sentence and
exemption from surrendering before the Trial Court.
4. The learned counsel for the petitioner submitted that none of the
witnesses have supported the prosecution case. However, the conviction has
been rendered only based upon the presumption. Hence, he has raised
substantial grounds in this revision.
5. I have given anxious consideration to the submissions made by the
learned counsel on either side and also perused the records available.
6. On perusal of the revision petition, it is seen that the petitioner has
raised various grounds challenging the judgment of the Court below, which
require detailed examination and consideration.
7. Considering the above aspects, this Court is inclined to suspend the
sentence and exempt the petitioner from surrendering before the Trial Court.
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CRL MP Nos. 6085 & 6090 of 2026
8. Accordingly, these Criminal Miscellaneous Petitions stand allowed;
the sentence imposed on the petitioner is suspended and the petitioner is
exempted from surrendering before the Trial Court till the disposal of the above
criminal revision case. The petitioner shall be released on bail subject to the
following conditions:
(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,
Tiruttani;
(ii)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; and
(iii) The petitioner shall appear before the Trial Court on the first
working day of every month at 10.30 a.m. until the disposal of the
revision 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.
07-04-2026
(2/2)
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
DRL
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CRL MP Nos. 6085 & 6090 of 2026
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CRL MP Nos. 6085 & 6090 of 2026
To
1.The 1st Additional District and Session Judge,
Thiruvallur.
2.The Judicial Magistrate,
Thiruttani.
3.The Public Prosecutor,
High Court, Madras.
4.The Inspector of Police
D2, Thiruvalangadu Police Station,
Thiruvallur.
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CRL MP Nos. 6085 & 6090 of 2026
C.KUMARAPPAN, J.
DRL
CRL MP Nos. 6085 & 6090 of 2026
IN
CRL RC NO. 768 OF 2026
07-04-2026
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