Sathiya Vs State rep.by, Inspector of Police

Prayer: To suspend the sentence dated 31.05.2024 the judgment passed by the learned Judicial Magistrate No.II at Tiruppur in CC.No.29 of 2024 dated 31.05.2024 and confirmed by the learned IInd Addl.Session and District Judge, Tirupur vide C.A.No.196 of 2024, dated 10.10.2025 and enlarge the petitioner on bail, pending disposal of the above criminal revision petition.

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For Petitioner(s): Mr.R.Raghul For M/s. M.Ranjith Kumar

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For Respondent(s): Mr.M.M.I.Khaleel, Government Advocate

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ORDER

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This Criminal Miscellaneous Petition has been filed by the Revision Petitioner, praying to suspend the sentence imposed on him in C.A. No.196/2024, by order dated 10.10.2025, by the District Judge, Tirupur confirming the Judgement of conviction and sentence and order, dated

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31.05.2024 made in C.C. No.29 of 2024, by the Judicial Magistrate No II, Tirupur, till the disposal of the instant Criminal Revision Petition.

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2.By the impugned judgement of conviction and sentence and order of the Trial Court, the Revision Petitioner was convicted and sentenced for offences under Section 379 of IPC to undergo three years rigorous imprisonment and to pay a sum of Rs.10,000/- as fine.

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3.Challenging the above said judgement of conviction and sentence and order, the Revision Petitioner has filed the above Crl. RC.No.2726 of 2026, along with the instant Criminal Miscellaneous Petition, seeking suspension of sentence and bail pending disposal of the Criminal Revision.

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4.This Court heard Mr.R.Raghul appearing for Mr.M.Ranjith Kumar, learned counsel for the Revision Petitioner and Mr.M.M.I.Khaleel, learned Government Advocate appearing for the Respondent/State and considered their submissions and also perused materials placed before this Court.

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5.The learned counsel for the Revision Petitioner has submitted that the learned trial Court as well as the Appellate Court has failed to appreciate the contradiction in the FIR and the complaint which was erased in respect of the weight of the chain and there is no proper explanation from the prosecution.

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Further, the prosecution has failed to adduce any evidence for the delay of FIR reaching the Court. Both the Courts below have failed to note that the occurrence said to have taken place at 8.45 AM and FIR was registered at 10.30 AM Then arrest and recovery made from the petitioner within a short span of time which is unrealistic one as such the prosecution has concocted therory against the petitioner herein. It was further argued that the judgment passed by both the Courts below was based on surmises and conjectures without considering the entire evidence on record.

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6.It is further argued that due to pendency of the criminal cases before this High Court, there is a blinking chance that in the near future, this Criminal Revision Case will be finally heard and decided. It is further submitted that there are arguable points in this Criminal Revision Case and the Revision Petitioner has a fair chance of success in this Criminal Revision Case. Thus, the learned counsel for the Revision Petitioner prayed for suspension of sentence and bail, till the disposal of this Criminal Revision Petition.

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7.Several other submissions in order to demonstrate the falsity of the allegations made against the Revision Petitioner have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the Revision Petitioner that he is ready to cooperate

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with the process of law and shall faithfully make himself available before the Court, whenever required and is also ready to accept all the conditions, which the Court may deem fit to impose upon him. The Revision Petitioner undertake that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in disposal of Revision.

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8.The learned Government Advocate has opposed the argument advanced by the learned counsel for the Revision Petitioner and submits that the judgements passed by the Courts below are as per the law after considering the entire evidences and thus, the relief sought by the Revision Petitioner at this stage, be refused by this Court.

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9.Considering the arguments advanced by the learned counsel for the Revision Petitioner as well as the learned counsel for the Respondent, this Court is of the view that the Trial Court has failed to appreciate the evidence on record and the judgment was passed without considering the entire materials placed before it and during the Trial the Revision Petitioner was also on bail.

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10.Further, it is observed that when the accused had been under

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incarceration for sometime and when there are points in the Revision, which favour the accused, then the Courts should not shy from granting suspension of sentence, as the liberty of the individual would be at stake, if the revision results

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in acquittal at a later point of time. In this regard, the decision of the Hon'ble Supreme Court of India, in the case of Rabi Prakash Vs. The State of Odhisha reported in 2023 Live Law (SC) 533 is of relevance.

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11.The Revision Petitioner has raised substantial grounds in the Revision,

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which require detailed appraisal. Further, the Revision is not likely to be taken up in the near future. In such view of the matter, this Court is of the view that the Revision Petitioner is entitled to the relief of suspension of sentence and bail.

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12.Accordingly, pending the Criminal Revision Case, the relief of suspension of sentence and bail is granted to Revision Petitioner, namely, Sathiya, W/o.Kannan, on the following conditions:-

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‘’ (i) The Revision Petitioner shall surrender before the

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learned Judicial Magistrate, Tirupur within three weeks from the date of receipt of a copy of this order and on such surrender, the Revision Petitioner is ordered to be released on bail, on her executing a personal bond, along with two sureties for a sum of Rs.15,000/ - (Rupees fifteen thousand only) each, subject to furnishing an undertaking that he will co-operate in the hearing of the present Revision.

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(ii) The Revision Petitioner and sureties shall affix their

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Photographs and Left Thumb Impression in the bond and the above

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said Court may obtain a copy of their Aadhaar card or Bank pass Book to ensure their identity.

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(iii) The Petitioner shall appear before the learned Judicial

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Magistrate-II, Tirupur once in every month, i.e., on 5^th day of every month commencing from the month of August 2026 at 10.30 a.m., until further orders.

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(iv) On acceptance of his bail bond and sureties, the Trial Court shall transmit photostat copies thereof to this Court for being kept on records of this Revision.

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