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Madras High Court
Gnanasambandam vs State By, The Inspector Of Police, on 7 April, 2026
CRL MP No. 6136 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-04-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
CRL MP No. 6136 of 2026
IN
CRL RC NO. 775 OF 2026
Gnanasambandam
S/o. Subbae Gownder,
Kattampatti,
Coimbatore.
..Petitioner(s)
Vs
State by, The Inspector of Police,
Nehamam Police Station,
Coimbatore.
Cr.No.327 of 2016.
..Respondent(s)
PRAYER: Criminal Miscellaneous Petition filed under Section 330 & 483 of
BNSS. to suspend the sentence imposed on the petitioner in Crl.A.No.90 of
2022 on the file of the IV Additional District and Sessions Judge, Coimbatore
dated 27.02.2026 modifying the judgment and sentence passed in C.C.No.05 of
2018 on the file of the Judicial Magistrate No.2, Pollachi, dated 22.08.2022,
pending revision.
For Petitioner(s): Mr.B.Kumarasamy
For Respondent(s): Mr.R.Kishore Kumar
Government Advocate (Crl.Side)
ORDER
The petitioner has preferred the above revision challenging the judgment
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dated 27.02.2026 passed by the learned IV Additional District and Sessions
Judge, Coimbatore, in Crl.A.No.90 of 2022, modifying the judgment dated
22.08.2022 passed in C.C.No.05 of 2018 on the file of the learned Judicial
Magistrate No.2, Pollachi, 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
One year rigorous
A1 U/s. 304(A) IPC (2 counts) imprisonment and fine of
Rs.25,000/- in default to
undergo one month
simple imprisonment
3. Aggrieved by the same, the petitioner filed a Criminal Appeal in
C.A.No.90 of 2022, and the same was dismissed by the learned IV Additional
District and Sessions Judge, Coimbatore, by modifying the judgment dated
22.08.2022 passed in C.C.No.05 of 2018. Aggrieved by the same, the petitioner
has filed criminal miscellaneous petitions seeking suspension of sentence and
exemption from surrendering before the Trial Court.
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4. The learned counsel for the petitioner submitted that the petitioner was
convicted for the offence under Section 304(A) of IPC (2 counts). He further
submitted that there was no rash and negligent act on the part of the petitioner,
as he had engaged P.W.1 & P.W.2 to maintain the water tank. However, they
failed to exercise due care and allowed their children to play on the tank,
resulting in the accident. He further submitted that the petitioner was convicted
before the trial Court dated 22.08.2022 in CC.No.05 of 2018 and sentenced him
to undergo one year rigorous imprisonment and that the 1 st appellate court
modified the judgment on 27.02.2026 in Crl.A.No.90 of 2022 and sentenced
him to undergo two months simple imprisonment (2 counts) and fine of
Rs.25,000/- in default to undergo one month simple imprisonment. Hence, he
has raised substantial grounds in this revision.
5. I have given my 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 before the Trial Court.
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8. Accordingly, the Criminal Miscellaneous Petition stands allowed; the
sentence imposed on the petitioner is suspended 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
No.2, Pollachi;
(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.
9. Further, one week time is granted to the petitioner to pay a fine
amount from the date of receipt of a copy of this order.
07-04-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
DRL
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To
1.The Judicial Magistrate No.2,
Pollachi.
2.The IV Additional District and Sessions Judge,
Coimbatore.
3.The Inspector of Police,
Nehamam Police Station,
Coimbatore.
4.The Public Prosecutor,
High Court, Madras.
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C.KUMARAPPAN, J.
DRL
IN
CRL RC NO. 775 OF 2026
(2/2)
07-04-2026
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