A.Chithan Vs State Rep. By

aside the same and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render Justice.

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CRL A No. 1495 of 2025

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For Petitioner Ms. V. Vijayalakshmi For Respondent(s): Mr. V. Meganathan, Government Advocate Crl. side

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ORDER

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This petition has been filed to suspend the sentence and conviction

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passed in S.C.No.110/2023 dated 23.06.2025 on the file of the Fast Track

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Mahila Court, Nagapattinam and set aside the same.

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The petitioner is accused in S.C.No.110/2023 on the file of the Fast

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Track Mahila Court, Nagapattinam. He found guilty for the offence under Sections 448, 376, 511, 294(b), 427, 506(2), IPC and sentenced him to undergo rigorous imprisonment for 5 years with fine of Rs.500, in default, 3 months simple imprisonment for the offence under Section 376 r/w 511 IPC, for 6 months under Section 448 IPC, for one month under Section 294(b) IPC, for 1

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year Rigorous imprisonment under Section 427 IPC, for 2 years under Section

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506(2) IPC. Challenging the Judgement passed by the Trial Court, the petitioner

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filed this petition to suspend the sentence.

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https://www.mhc.tn.gov.in/judis

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CRL MP. No. 17997 of 2025

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The learned counsel for the petitioner submits that the Trial Court has

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failed to observe that some of the prosecution witnesses turned hostile and the charges against the petitioner was not proved beyond reasonable doubt, in spite

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of that the Trial court convicted the petitioner as such is erroneous and liable to be set aside. According to the petitioner, there was a dispute with regard to tenancy between the defacto complainant and the petitioner, when the same was

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enquired by the petitioner the defacto complainant gave a false complaint. Further, he submits that petitioner is having valid defence to prove this case and

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also submits that the petitioner is surviving with family. Hence, he prays to suspend the sentence.

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The learned Government Advocate submits that the petitioner is having

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2 previous cases.

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The learned counsel for the petitioner submits that the petitioner has no

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intention to sexually harass the defacto complainant. There was dispute with

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regard to tenancy terms hence the petitioner entered into the house of the

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https://www.mhc.tn.gov.in/judis

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CRL MP. No. 17997 of 2025

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defacto complainant but the defacto complainant foisted the false case.

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5.1. The learned counsel for the petitioner submits that the petitioner has

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vacated from the said house. The submission of the petitioner's counsel is recorded.

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Considering the facts and circumstances of the case and the petitioner

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is in jail for more than two months and also the fact that the petitioner is surviving with family and he is ready to abide with any conditions and taking into consideration the fact that this criminal revision is not likely to be taken for

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final hearing in the near future, this Court is of the view that the substantive sentence of imprisonment alone can be suspended on certain conditions. Accordingly, till the disposal of the appeal, the reliefs of suspension of sentence and bail are granted on the following conditions;

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(i )the sentence of imprisonment alone, imposed on the petitioner/accused, shall be suspended, on his execution of a bond for a sum of Rs.25,000/- with two sureties, each for a likesum to the satisfaction of the trial court;

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(ii) The petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and

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https://www.mhc.tn.gov.in/judis

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CRL MP. No. 17997 of 2025

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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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(iii) The petitioner shall appear before the Trial Court on the on Every Tuesday and Saturday at 10.30 a.m., until the disposal of the appeal 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 355 of BNSS, 2023 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;

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