[Cites 4, Cited by 0]
Madras High Court
Arun Pranav vs The State Rep By Its, on 8 April, 2026
Crl.M.P.Nos.6153 and 6154 of 2026
in Crl.R.C.No.782 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.04.2026
CORAM
THE HONOURABLE MR JUSTICE C. KUMARAPPAN
Crl.M.P.Nos.6153 and 6154 of 2026
in
Crl.R.C.No.782 of 2026
Arun Pranav ...Petitioner/Accused
-vs-
State Rep.by
Inspector of Police
Magudamchavadi Police Station
Salem.
(Crime No.465 of 2019) ...Respondent
PRAYER in Crl.M.P.No.6153 of 2026: Criminal Miscellaneous Petition filed
under Section 528 of BNSS Act, 2023, praying to suspend the sentence of the
petitioner to undergo six months Simple Imprisonment for offence under Section
338 of IPC and one year Simple Imprisonment for offence under Section 304(A)
of IPC imposed by the Judgment dated 20.01.2023 passed by the learned
Judicial Magistrate No.II, Sankari in C.C.No.39 of 2020 modified by the learned
II Additional District and Sessions Judge, Salem in respect of sentence of one
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https://www.mhc.tn.gov.in/judis
Crl.M.P.Nos.6153 and 6154 of 2026
in Crl.R.C.No.782 of 2026
year to ten months for offence under Section 304(A) alone by judgment dated
25.09.2025 in C.A.No.49 of 2023, pending disposal of the above Criminal
Revision Petition.
PRAYER in Crl.M.P.No.6154 of 2026: Criminal Miscellaneous Petition filed
under Section 528 of BNSS, praying to exempt the petitioner from surrendering
before the learned Judicial Magistrate No.II, Sankari, in C.C.No.39 of 2020.
For Petitioner : Mr.L.Mouli
For Respondent : Mr.R.Kishorekumar
Government Advocate(Crl.Side)
COMMON ORDER
These Criminal Miscellaneous Petitions have been filed to suspend the
sentence imposed on the petitioner and to exempt him to surrender before the
Trial Court by judgment dated 25.09.2025 passed in Criminal Appeal No.49 of
2023, modifying the judgment dated 20.01.2023 passed in C.C.No.39 of 2020
on the file of the learned Judicial Magistrate No.II, Sankari, pending disposal of
the above Criminal Revision and enlarge the petitioner on bail.
https://www.mhc.tn.gov.in/judis
Crl.M.P.Nos.6153 and 6154 of 2026
2. The petitioner has been convicted and sentenced by the learned Trial
Judge as follows:-
Conviction under Sections Sentence awarded
To pay a fine of Rs.500/-,
in default to undergo
279 of IPC simple imprisonment of
seven days.
338 of IPC To undergo simple
imprisonment for six
months and to pay a fine
of Rs.1000/- and in
default to undergo simple
imprisonment for seven
days.
304(A) of IPC To undergo simple
imprisonment for one
year.
3. Aggrieved by the same, the petitioner had filed a Criminal Appeal in
C.A.No.49 of 2023 and the first Appellate Court dismissed the appeal by
modifying the quantum of the sentence for offence under Sectin 304(A) IPC
from one year to ten months simple imprisonment. Aggrieved by the same, he
filed Crl.R.C.No.782 of 2026 before this Court along with the instant Criminal
Miscellaneous Petitions seeking suspension of sentence and to exempt him to
surrender before the Trial Court.
https://www.mhc.tn.gov.in/judis
Crl.M.P.Nos.6153 and 6154 of 2026
4. The learned counsel for the petitioner would submit that according to
prosecution the deceased and the witness PW1 were standing in a safety zone
when the petitioner hit against them, thereby, causing a fatal accident. However,
it is contended that the place in which the deceased as well as PW1 were
standing is not a safety zone. Apart from that, he has also raised substantial
grounds in this revision, which require detailed deliberation.
5. Heard the learned counsel on either side and perused the materials
available on record.
6. Considering the fact that there are substantial grounds raised in the
above revision, which require consideration and since the revision is not likely to
be taken up in the near future, this Court is inclined to grant suspension of
sentence and exempt the petitioner from surrendering before the Trial Court
7. 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
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Crl.M.P.Nos.6153 and 6154 of 2026
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), with two sureties, each for a like
sum to the satisfaction of the learned Judicial Magistrate No.II
Sankari, Salem;
(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.
08.04.2026
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dna
https://www.mhc.tn.gov.in/judis
Crl.M.P.Nos.6153 and 6154 of 2026
C. KUMARAPPAN, J.
dna
To
1. The II Additional District and Sessions Court, Salem.
2.The Judicial Magistrate No.II, Sankari, Salem.
3.The Inspector of Police
Magudamchavadi Police Station
Salem.
(Crime No.465 of 2019)
Crl.M.P.Nos.6153 and 6154 of 2026
in
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08.04.2026
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