Bahavath Vs the Inspector of Police

Criminal Miscellaneous Petition filed under Section 430(1) r/w 483 of BNSS, to suspend the sentence made in S.C.No.34 of 2018 dated 18.12.2024 on the file of the District and Sessions Judge, Mayiladuthurai and enlarge the petitioners on bail pending criminal appeal.

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For Petitioner : Mr.P.Muthamizhselvakumar For Respondent : Dr.C.E.Pratap Government Advocate (Crl. Side)

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https://www.mhc.tn.gov.in/judis 1/6

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Crl.M.P.No.938 of 2025 in Crl.A.No.93 of 2025

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O R D E R

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This Criminal Miscellaneous Petition has been filed to suspend the sentence of imprisonment imposed on the petitioner by the learned District and Sessions Judge, Mayiladuthurai, by judgment dated 18.12.2024, in S.C.No.34 of 2018, pending disposal of the above criminal appeal.

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The petitioner, who is arrayed as A-3, in the above Sessions Case,

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were convicted and sentenced as follows:

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Offence under		Sentence imposed
Section
436 IPC	To undergo Rs.15,000/- months	RI for four years and to pay a fine of each, in default to undergo RI for two
3(1) TNPPDL	To undergo	RI for four years and to pay a fine of
Act	Rs.1,000/- ea	ch, in default to undergo RI for two months
Sentences were	ordered to ru	n concurrently.

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Aggrieved by the same, the petitioner filed Crl.A.No.93 of 2025 before this

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Court along with the instant miscellaneous petition seeking suspension of sentence and bail.

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https://www.mhc.tn.gov.in/judis 2/6

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Crl.M.P.No.938 of 2025 in Crl.A.No.93 of 2025

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The case of the prosecution is that on 01.07.2017, the petitioner along with other accused persons went to the house of the de facto complainant and damaged a two-wheeler belonging to the de facto complainant and caused damage to the tune of Rs.5,000/- and set fire to the house of P.W.1 and thus, committed offences under Sections 436 IPC and 3(1) of TNPPDL Act.

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The learned counsel for the petitioner would submit that the prosecution had not established its case and there are several infirmities which requires consideration in this appeal and considering the period of sentence imposed by the trial Court, the sentence imposed on the petitioners may be suspended pending appeal. He added that A1 and A2 in this case has been granted bail by this Court vide its order dated 03.01.2025 in Crl.M.P.No.18571 of 2024.

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Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

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Considering, the submissions of the learned counsel for the petitioner

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and since there are arguable points which requires consideration; the fact that

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https://www.mhc.tn.gov.in/judis 3/6

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Crl.M.P.No.938 of 2025 in Crl.A.No.93 of 2025

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the sentence imposed on A1 and A2 has been suspended by this Court in Crl.M.P.No.18571 of 2024 vide order dated 03.01.2025, the period of incarceration suffered by the petitioner and since the appeal is not likely to be taken up in the near future, this Court is inclined to grant the relief of suspension of sentence to the petitioner.

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Accordingly, this criminal miscellaneous petition stands allowed and

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the sentence imposed on the petitioner is suspended till the disposal of the above Criminal appeal and the petitioners are ordered to be released on bail on the following conditions:

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(i) The petitioner shall execute a bond each for a sum of Rs.10,000/-, with two sureties, each for a like sum to the satisfaction of the learned District and Sessions Judge, Mayiladuthurai;

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(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 Aadhaar card or Bank pass Book and mobile numbers to ensure their identity; and

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(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

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https://www.mhc.tn.gov.in/judis 4/6

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Crl.M.P.No.938 of 2025 in Crl.A.No.93 of 2025

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the appeal and if the petitioners are not able to appear before the trial Court on any day, they 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 their absence, as directed by the trial Court.

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24.01.2025

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kas

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Issue order copy by 29.01.2025

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To

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1.The District and Sessions Judge Mailaduthurai

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