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Madras High Court
Karunakaran vs The State Of Tamil Nadu on 7 January, 2026
CRL MP Nos.24515 & 24516 of
2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-01-2026
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
CRL MP Nos.24515 & 24516 of 2025
in CRL RC No.2826 of 2025
Karunakaran
S/o.Velusamy Gounder,
124, Meenakshi Garden, Coimbatore.
Petitioner(s)
Vs
The State of Tamil Nadu,
Rep. by Inspector of Police,
Tiruppur, Rural Police Station,
Tiruppur.
Respondent(s)
PRAYER in Crl.M.P.No.24515 of 2025: Criminal Miscellaneous Petition filed
under Section 420 & 442 of BNSS, to suspend the sentence of imprisonment
imposed in C.A.No.41 of 2023 dated 14.11.2025 on the file of the I Additional
District and Sessions Judge, Tirupur, confirming the conviction and sentence
made in C.C.No.147 of 2020 dated 19.10.2022 on the file of the Judicial
Magistrate No.IV, Tiruppur convicting the petitioner for offences Under
Sections 279 and 304(A) (two counts) IPC U/s. 255(2) Cr.PC and sentenced to
undergo Simple Imprisonment for 3 months and to pay fine of Rs.1,000/- and in
default to undergo Simple Imprisonment for 1 month for offence U/s. 279 IPC
and sentenced to undergo Simple Imprisonment for 6 months and to pay a fine
of Rs.2,000/- and in default to undergo Simple Imprisonment for 1 month for
each count for offence U/s. 304(A) (2 counts).
PRAYER in Crl.M.P.No.24516 of 2025: Criminal Miscellaneous Petition filed
under Section 528 of BNSS, to exempt the petitioner from surrendering
pursuant to the judgment made in C.A.No.41 of 2023 dated 14.11.2025 on the
file of the I Additional District and Sessions Judge, Tiruppur, confirming the
1
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CRL MP Nos.24515 & 24516 of
2025
conviction and sentence made in C.C.No. 147 of 2020 dated 19.10.2022 on the
file of the Judicial Magistrate No.IV, Tiruppur convicting the petitioner for
offences under Sections 279 and 304(A) (two counts) IPC under Section 255(2)
Cr.PC and sentenced to undergo Simple Imprisonment for 3 months and to pay
fine of Rs.1,000/- and in default to undergo Simple Imprisonment for 1 month
for offence under section 279 IPC and sentenced to undergo Simple
Imprisonment for 6 months and to pay a fine of Rs.2,000/- and in default to
undergo Simple Imprisonment for 1 month for each count for offence under
Section 304(A)(2 counts).
Appearance of counsel in both petitions
For Petitioner: Mr.M.Sivavarthanan
For Respondent: Mr.R.Vinothraja
Government Advocate (Crl.Side)
COMMON ORDER
The Criminal Revision Case has been filed for setting aside the judgment
dated 14.11.2025 in C.A.No.41 of 2023 on the file of the learned I Additional
District and Sessions Judge, Tirupur, confirming the judgment made in
C.C.No.147 of 2020 dated 19.10.2022 on the file of the learned Judicial
Magistrate No.IV, Tiruppur, convicting the petitioner for offences under
Sections 279 and 304(A) (two counts) IPC and sentencing him to undergo
Simple Imprisonment for a period of 3 months and to pay a fine of Rs.1,000/-,
in default to undergo Simple Imprisonment for a period of 1 month for offence
u/s. 279 IPC and to undergo Simple Imprisonment for a period of 6 months and
to pay a fine of Rs.2,000/-, in default to undergo Simple Imprisonment for a
period of 1 month for each count for offence u/s. 304(A) (2 counts).
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CRL MP Nos.24515 & 24516 of
2. Pending revision, the petitioner has filed two Miscellaneous petitions,
viz., Crl.M.P.No.24515 of 2025 seeking suspension of sentence and
Crl.M.P.No.24516 of 2025 for exempting him from surrendering pursuant to the
judgments.
3. The gist of the prosecution case is that on 10.02.2019 at about
9.00p.m., when the defacto complainant’s husband was travelling as a pillion
rider on a two-wheeler, the petitioner came in his car in the opposite direction
rashly and negligently, as a result of which the rider and the pillion rider
sustained grievous injuries and succumbed to the injuries.
4. The learned counsel for the petitioner would submit that the Courts
below had ignored vital evidences which would indicate that the accident did
not take place due to rashness or negligence of the petitioner; that the rough
sketch has not been taken into consideration by the Courts below; that the
petitioner had surrendered pursuant to the judgment on 05.01.2026; and
considering the fact that the petitioner has raised substantial grounds in the
above revision, prayed for suspension of sentence.
5. Heard the learned Government Advocate (Crl.Side) and perused the
materials available on record.
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CRL MP Nos.24515 & 24516 of
6. Since the petitioner has already surrendered and is in custody, the
petition [Crl.M.P.No.24516 of 2025] to exempt him from surrendering is
dismissed.
7. Considering the submissions made by the learned counsel for the
petitioner; the fact that the petitioner raised substantial grounds in the above
revision, which requires consideration; and the fact that the petitioner has been
in custody from 05.01.2026, this Court is inclined to suspend the sentence of
imprisonment and release him on bail on the certain conditions.
8. Accordingly, the criminal miscellaneous petition in Crl.M.P.No.24515
of 2025 stands allowed and the sentence of imprisonment imposed on the
petitioner is suspended till the disposal of the above revision and the petitioner
is ordered to be released on bail on the following conditions:
(i) The petitioner shall execute 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 No.IV,
Tiruppur;
(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
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CRL MP Nos.24515 & 24516 of
(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. In view of the surrender of the petitioner, the petition seeking
exemption from surrendering in Crl.M.P.No.24516 of 2025 is dismissed.
07-01-2026
Jd/ars
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
Issue order copy by 08.01.2026
To
1. The Learned Judicial Magistrate No.IV, Tiruppur.
2. Central Prison, Coimbatore.
3. The Inspector of Police,
Tiruppur, Rural Police Station, Tiruppur.
4. The Public Prosecutor,
High Court, Madras.
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CRL MP Nos.24515 & 24516 of
SUNDER MOHAN J.
jd/ars
CRL MP Nos.24515 &
24516 of 2025
in
CRL RC No. 2826 of
(1/2)
07-01-2026
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