Citation : 2026 Latest Caselaw 2718 Mad
Judgement Date : 21 May, 2026
Crl.MP(MD)Nos.9914 & 9915 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.05.2026
CORAM
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
Crl.MP(MD)Nos.9914 & 9915 of 2026
in
Crl.RC.(MD)No.850 of 2026
Venkatesh Kannan ... Petitioner in both
petitions
Vs.
State Of Tamilnadu Rep By
The Sub Inspector Of Police,
Maraneri Police Station,
Sivakasi
Virudhunagar District. ... Respondent in both
petitions
PRAYER in Crl.M.P.(MD).No.9914 of 2026 :-
To suspend the sentence imposed by the learned Additional District
and Sessions Judge, Srivilliputhur in Crl.A.No.69/2022 dated 30.04.2026
and the confirming Judgment passed by the Learned Judicial Magistrate
No.1, Sivakasi in CC No.80/2019 dated 06.06.2022 and enlarge the
petitioner on bail pending disposal of the main Criminal Revision Case.
1/7
https://www.mhc.tn.gov.in/judis
Crl.MP(MD)Nos.9914 & 9915 of 2026
PRAYER in Crl.M.P.(MD).No.9915 of 2026 :-
To Exempt the petitioner from surrendering before the trial court
pursuant to the Judgment and sentence passed by the Learned Additional
District and Sessions Judge, Srivilliputhur in Crl.A.No.69/2022 dated
30.04.2026 and the confirming judgment passed by the learned Judicial
Magistrate No.I, Sivakasi in C.C.No.80 of 2019 dated 06.06.2022
pending disposal of the main Criminal Revision Case.
For Petitioner : Mr.S.A.Ajin Singh
For Respondent : Mr.Abul Kalam Azad
Government Advocate (crl.side)
ORDER
Heard Mr.S.A.Ajin Singh, learned counsel appearing for petitioner
and Mr.Abul Kalam Azad, learned Government Advocate appearing for
the respondent and perused the materials available on record.
2. Criminal Miscellaneous Petitions have been filed, praying to
suspend the sentence imposed upon the petitioner by the learned Judicial
Magistrate No.I, Sivakasi in C.C.No.80 of 2019 dated 06.06.2022, which
was confirmed by the learned Additional District & Sessions Judge,
Srivilliputhur, Virudhunagar District in Crl.A.No.69 of 2022 dated
30.04.2026 and to exempt the petitioner from surrendering before the
Court below.
https://www.mhc.tn.gov.in/judis Crl.MP(MD)Nos.9914 & 9915 of 2026
3. The learned Counsel appearing for the petitioner would submit
that the petitioner/A3 was convicted by the Judicial Magistrate, No.I,
Sivakasi for the offences punishable under Sections 414 of IPC in
C.C.No.80 of 2019 dated 06.06.2022 and sentenced as follows:-
(I) to undergo one year Rigorous Imprisonment and to pay a fine
of Rs.1,000/- in default, to undergo one month simple
imprisonment.
4. Aggrieved, the petitioner herein filed Criminal Appeal No.69 of
2022, before the learned Additional District & Sessions Judge,
Srivilliputhur, Virudhunagar District and the lower Appellate Court vide
order dated 30.04.2026, dismissed the appeal confirming the judgment
passed by the Trial Court. Challenging the above conviction and
sentence, petitioner has filed Criminal Revision Petition in
Crl.RC(MD)No.850 of 2026 before this Court along with the instant
miscellaneous petitions seeking suspension of sentence, bail and
exemption from surrender.
https://www.mhc.tn.gov.in/judis Crl.MP(MD)Nos.9914 & 9915 of 2026
5. The learned Counsel appearing for the petitioner would further
submit that petitioner has raised substantial grounds in above revision,
which requires consideration. Hence, he prayed for granting suspension
of sentence and bail to petitioner.
6. Learned Government Advocate appearing for the respondent has
opposed the submissions made by the learned Counsel for the petitioner
and submits that the judgments passed by both the Courts are as per law
after considering the entire evidence, thus the relief sought by the
petitioner at this stage be refused by this Court.
7. Considering the fact that there are arguable points raised in
revision and taking into consideration of the facts and circumstances of
the case, this Court is inclined to grant suspension of sentence, bail and
exempt the petitioner/A3 from surrendering before the trial court, on the
following conditions, till the disposal of the above Criminal Revision:
https://www.mhc.tn.gov.in/judis Crl.MP(MD)Nos.9914 & 9915 of 2026
i) Petitioner/A3 is directed to be enlarged on bail on his executing
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.I, Sivakasi, Virudhunagar District;
ii) Petitioner/A3 and sureties shall affix their photographs and
Left Thumb Impression in the bond and the above said Court may obtain
a copy of their Aadhaar card or Bank pass Book to ensure their identity;
iii) Petitioner/A3 shall appear and sign before the learned Judicial
Magistrate No.I, Sivakasi, Virudhunagar District, on the first working
day of every English calendar month at 10.30 a.m., until further orders;
iv) In case, petitioner/A3 is not able to appear before the said
Court on any day, he shall make arrangements to file an application
under Section 317 Cr.P.C. (corresponding to 355 B.N.S.S) and shall
appear before the said Court on any other day in lieu of the date of his
absence, as directed by the said Court.
https://www.mhc.tn.gov.in/judis Crl.MP(MD)Nos.9914 & 9915 of 2026
8. Accordingly, these Criminal Miscellaneous Petitions are
ordered.
21.05.2026 (1/2)
gvn
To:
1. The Judicial Magistrate No.I, Sivakasi.
2. The Additional District & Sessions Judge, Srivilliputhur, Virudhunagar District
3. The Inspector of Police, Maraneri Police Station, Sivakasi, Virudhunagar District, Crime No.102/2019.
https://www.mhc.tn.gov.in/judis Crl.MP(MD)Nos.9914 & 9915 of 2026
R.VIJAYAKUMAR, J.
gvn
Crl.MP(MD)Nos.9914 and 9915 of 2026 in
Dated: 21.05.2026 (1/2)
https://www.mhc.tn.gov.in/judis
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