S. Baskar Vs State Rep.by, The Inspector of Police

Prayer: This Criminal Miscellaneous Petition has been filed under Section 389 of Criminal Procedure Code praying to suspend the order of conviction passed by the learned VI Additional Sessions Judge, City Civil Court, Chennai in Crl.Appl.No.363/2022 dated 12.02.2026 and confirming the order passed in C.C.No.4216/2021 dated 18.11.2022 passed by the learned XIII Metropolitan Magistrate, Egmore, Chennai and enlarge the Appellant/Accused – 2 on bail, pending disposal of the above Criminal Revision.

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For Petitioner : Mr.B.Balavijayan For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

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ORDER

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This Criminal Miscellaneous Petition has been filed by the Petitioner seeking to suspend the sentence of imprisonment imposed on him by the learned XIII Metropolitan Magistrate, Egmore, Chennai vide Judgment dated 18.11.2022 in C.C.No.4216 of 2021, which was confirmed by the learned VI Additional Sessions Judge, City Civil Court, Chennai vide Judgment dated 12.02.2026 in Crl.A.No.363 of 2022 and enlarge him on bail pending disposal of this Criminal Revision Petition.

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The Petitioner is Accused No.2 in C.C.No.4216 of 2021 on the file

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of XIII Metropolitan Magistrate Court, Egmore, Chennai. The Petitioner/Accused No.2 was found guilty for commission of offence under Sections 408 r/w. 120(b) of IPC. Therefore, the Trial Court vide Judgment dated 18.11.2022 in C.C.No.4216 of 2021, convicted the Petitioner/Accused No.2 and sentenced him to undergo 3 years rigorous imprisonment and to pay a fine of Rs.10,000/-, in default, to undergo 2 months simple imprisonment. Aggrieved by the said conviction and sentence, Petitioner/Accused No.2 had preferred Criminal Appeal in Crl.A.No.363 of 2022 before the City Civil Court, Chennai. However, learned VI Additional

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Sessions Judge, City Civil Court, Chennai vide Judgment dated 12.02.2026 dismissed the said Criminal Appeal and confirmed the judgment of Trial Court. Hence, Petitioner/Accused No.2 has filed the present Criminal Revision Petition along with this Criminal Miscellaneous Petition.

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Mr.B.Balavijayan, learned counsel for Petitioner/Accused No.2 submitted that there are arguable points available in the Criminal Revision which is not likely to be taken up for final hearing in the near future. He further submitted that Petitioner/Accused No.2 has a fair chance of succeeding in the Criminal Revision Case and Petitioner/Accused No.2 is ready to abide any condition to be imposed by this Court. Therefore, the learned counsel prayed that the substantive sentence imposed on Petitioner/Accused No.2 may be suspended.

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Mr.A.Damodaran, learned Additional Public Prosecutor who takes notice on behalf of the Respondent Police submitted that he has objection for suspending the sentence of imprisonment imposed on the Petitioner/Accused No.2.

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Heard the learned counsel on either side and perused the materials available on record.

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Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side and also, taking into consideration of the fact that the Criminal Revision is not likely to be taken up for final hearing in the near future, this Court is inclined to suspend the substantive sentence of imprisonment alone.

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Accordingly, till the disposal of present Criminal Revision Petition,

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the relief of suspension of sentence is granted to the Petitioner/Accused No.2, subject to the following conditions:

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(i) The Petitioner/Accused No.2 shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned XIII Metropolitan Magistrate, Egmore, Chennai;

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(ii) The sureties shall affix their photographs and left thumb impressions in the surety bonds and the learned

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Magistrate may obtain a copy of their Aadhaar Card or Bank

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Pass Book to ensure their identities; and

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(iii) The Petitioner/Accused No.2 shall appear before the Trial Court on all working days at 10.30 a.m., until further orders.