Arivu@Arivalagan Vs the State Rep by, the Inspector of… — Cheating and Forgery | Madras HC (2025)

Arivu@Arivalagan Vs the State Rep by, the Inspector of… — Cheating and Forgery | Madras HC (2025)

What the court decided

AI extract

Outcome

Both Criminal Miscellaneous Petitions ordered: sentence suspended and petitioner enlarged on bail on a Rs.10,000/- bond with two sureties (photograph/left thumb impression and identity verification through Aadhaar card or bank pass book and mobile numbers; monthly appearance before the trial Court on the first working day at 10.30 a.m. until disposal of the revision, with Section 317 Cr.P.C. facility for absence); petitioner exempted from surrendering in pursuance of the order in Crl.A.No.14 of 2023.

Issue for consideration

Whether the sentence imposed on the petitioner in Crl.A.No.14 of 2023 (which confirmed his conviction under Section 420 IPC in C.C.No.251 of 2011) should be suspended and the petitioner enlarged on bail, pending disposal of Crl.R.C.No.125 of 2025. +1 more

Court's answer

This Court suspended the sentence imposed on the petitioner and ordered him enlarged on bail pending disposal of the Criminal Revision Petition (Crl.R.C.No.125 of 2025), on condition that he execute a bond for Rs.10,000/- with two sureties each for a like sum to the satisfaction of the trial Court, that the petitioner and sureties affix photographs and left thumb impressions with identity verification (Aadhaar card or bank pass book and mobile numbers), and that the petitioner appear before the trial Court on the first working day of every month at 10.30 a.m. until disposal of the revision, failing which he may arrange appearance under Section 317 Cr.P.C. on another day as directed by the trial Court.

Ratio / Principle

The petitioner was exempted from surrendering in pursuance of the order in Crl.A.No.14 of 2023, the Court being inclined to grant both requests in view of the several arguable points raised by the petitioner in the pending revision which require consideration.

Detailed headnote1 paragraphs

Criminal Law — Suspension of sentence and exemption from surrender — Sections 430(1) and 528 BNSS — Madras High Court (Sunder Mohan, J., 27/1/2025) allowed Crl.M.P.Nos.1087 & 1088 of 2025 in Crl.R.C.No.125 of 2025 (Arivu @ Arivalagan v. State rep. by The Inspector of Police, District Crime Branch, Thiruvarur). The petitioner, convicted under Section 420 IPC and sentenced to two years rigorous imprisonment and a fine of Rs.2,000/- (default two months simple imprisonment) by the Judicial Magistrate, Thiruvarur in C.C.No.251 of 2011 dated 24/2/2023, had his conviction confirmed by the Principal District and Sessions Judge, Thiruvarur in Crl.A.No.14 of 2023 by order dated 5/9/2024; his Criminal Revision Petition (Crl.R.C.No.125 of 2025) was pending. Considering that the petitioner had raised several arguable points in the revision requiring consideration, the Court suspended the sentence and enlarged him on bail on a bond of Rs.10,000/- with two sureties each for a like sum, directed the petitioner and sureties to affix photographs and left thumb impressions with identity verification (Aadhaar card or bank pass book and mobile numbers), required monthly appearance before the trial Court on the first working day at 10.30 a.m. until disposal of the revision (with facility to seek appearance under Section 317 Cr.P.C. on an alternate day), and exempted the petitioner from surrendering pursuant to the appellate order.

Crl.M.P.Nos.1087 & 1088 of 2025 in Crl.R.C.No.125 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27/1/2025

C O R A M

THE HONOURABLE Mr.JUSTICE SUNDER MOHAN

Crl.M.P.Nos.1087 and 1088 of 2025

in

Crl.R.C.No.125 of 2025

Arivu @ Arivalagan . . . Petitioner

Vs

State rep. By The Inspector of Police District Crime Branch Thiruvarur. . . . Respondent

PRAYER in Crl.M.P.No.1087 of 2025: Petition filed under Section 430 (1) of BNSS to suspend the sentence imposed on the petitioner in Crl.A.No.14 of 2023 on the file of the Hon'ble Principal District and Sessions Judge, Thiruvarur, by an order dated 5/9/2024 confirming the judgment of the learned Judicial Magistrate, Thiruvarur in C.C.No.251 of 2011 dated 24/2/2023 and enlarge the petitioner on bail, pending disposal of the Criminal Revision Petition.

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Crl.M.P.Nos.1087 & 1088 of 2025 in Crl.R.C.No.125 of 2025

Prayer in Crl.M.P.No.1088 of 2025: Petition filed under Section 528 of BNSS to exempt the petitioner from surrendering in pursuance of the order passed in Crl.A.No.14 of 2023 on the file of the learned Principal District and Sessions Judge, Thiruvarur, by an order dated 5/9/2024, confirming the judgment of the learned Judicial Magistrate, Thiruvarur in C.C.No.251 of 2011 dated 24/2/2023.

For petitioner	...	Mr.Swamisubramanian
For respondent	...	Dr.C.E.Pratap
		Government Advocate
		(Criminal Side)
	-----

C O M M O N O R D E R

Criminal Miscellaneous Petition No.1087 of 2025 has been filed to

suspend the sentence imposed on the petitioner in Crl.A.No.14 of 2023 on the file of the Hon'ble Principal District and Sessions Judge, Thiruvarur, by an order dated 5/9/2024 confirming the judgment of the learned Judicial Magistrate, Thiruvarur in C.C.No.251 of 2011 dated 24/2/2023 and enlarge

the petitioner on bail, pending disposal of the Criminal Revision Petition.

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Crl.M.P.Nos.1087 & 1088 of 2025 in Crl.R.C.No.125 of 2025

Crl.M.P.No.1088 of 2025 has been filed to exempt the petitioner from surrendering in pursuance of the order passed in Crl.A.No.14 of 2023 on the file of the learned Principal District and Sessions Judge, Thiruvarur, by an order dated 5/9/2024, confirming the judgment of the learned Judicial Magistrate, Thiruvarur in C.C.No.251 of 2011 dated 24/2/2023.

The case of the prosecution is that the petitioner along with two other accused had promised to obtain a job for the defacto complainant's son and accordingly, A.2 received Rs.2,50,000/- by D.D and A.1 had received Rs.25,000/- by bank transfer and that the petitioner and other accused neither repaid the amount nor obtained job. The petitioner was convicted for the offence under Section 420 of the Indian Penal Code and sentenced to undergo two years rigorous imprisonment and to pay a fine of Rs.2,000/- in default to undergo two months simple imprisonment.

The learned counsel appearing for the petitioner would submit that the evidence only discloses money transactions; that there is no evidence to

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Crl.M.P.Nos.1087 & 1088 of 2025 in Crl.R.C.No.125 of 2025

show that a false representation was made by the petitioner that he would secure a job and that the petitioner has several arguable points in the appeal that A.2 is no more and A.3 was acquitted by the trial Court and hence, prayed for suspension of sentence and exemption from surrender.

In the light of the above submissions, considering the fact that the petitioner has raised several arguable points in the revision which requires consideration, this Court is inclined to suspend the sentence and exempt the petitioner from surrendering on the following conditions:-

(a) The petitioner is ordered to be enlarged on bail, on condition that he 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 trial Court ;

(b) 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;

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Crl.M.P.Nos.1087 & 1088 of 2025 in Crl.R.C.No.125 of 2025

(c) The petitioner shall appear before the Trial

Court on the first working day of a 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 that 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.

6. Accordingly, these Criminal Miscellaneous Petitions are ordered.

27/1/2025

mvs.

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Crl.M.P.Nos.1087 & 1088 of 2025 in Crl.R.C.No.125 of 2025

SUNDER MOHAN, J

mvs.

To

1. The Principal District and Sessions Judge, Thiruvarur

2. The Judicial Magistrate, Thiruvarur

3. The Inspector of Police District Crime Branch Thiruvarur.

4.The Public Prosecutor, High Court, Madras.

Crl.M.P.Nos.1087 and 1088 of 2025 in Crl.R.C.No.125 of 2025

27/1/2025

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