Palanikumar Vs The State of Tamilnadu

To suspend the sentence imposed upon the petitioner in Crl.A.No. 39/2021 by the VI Additional District and Sessions Judge, Madurai dated 26.02.2026, confirming the Judgment of conviction and sentence made in CC No.2/2013 by the Judicial Magistrate No.III, Madurai in C.C.No.2 of 2013 and set aside the same as illegal.

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For Petitioner : Mr.Yogeswaran Advocate. For Respondent : Mr.D.Rajaboopathy Counsel for State of TN (Crl.Side)

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

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CRL MP(MD). No.10047 of 2026

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ORDER

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This Criminal Miscellaneous Petition has been filed to suspend the sentence of imprisonment imposed by the learned VI Additional District and Sessions Judge, Madurai in Crl.A.No.39/2021 dated 26.02.2026, confirming the conviction and sentence imposed by the learned Judicial Magistrate No.III, Madurai in CC No.2/2013 dated 04.02.2021 and enlarge the petitioner on bail, pending disposal of the criminal revision petition.

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The learned counsel appearing for the petitioner submitted that the petitioner has been convicted by the trial Court on 04.02.2021, and the trial Court sentenced him to undergo simple imprisonment for a period of six months , and also to pay Rs.100/- as fine, in default to undergo 15 days simple imprisonment, for the offence under Clause 17 of TNK (RT) Rules, 1973 r/w 7(1)(a)(ii) of EC Act, 1955 in C.C.No.2 of 2013 on the file of the learned Judicial Magistrate No.III, Madurai.

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The learned VI Additional District and Sessions Judge, Madurai confirmed the conviction, and sentence and dismissed the Criminal 2/5

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

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CRL MP(MD). No.10047 of 2026

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Appeal in Crl.A.No.39/2021 dated 26.02.2026. Challenging the same, the present Criminal Revision Case has been filed before this Court along with this Criminal Miscellaneous Petition seeking suspension of sentence.

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This Court has carefully considered the rival contentions put forward by either side and also perused the materials available on record.

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The learned counsel for the petitioner pointed out that there are certain infirmities and inconsistencies in this case, and also there are certain contradictions in material particulars. The fact remains that there are arguable points involved in this criminal revision and further, the criminal revision is not likely to be taken up for final hearing in the near future and as such, and also considering the fact that the petitioner has good chance of succeeding in the revision petition, this Court is of the considered view that the petitioner herein is entitled to the relief of grant of suspension of sentence.

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

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CRL MP(MD). No.10047 of 2026

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Accordingly, this petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the revision with the following directions:

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(i) The petitioner 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 Judicial Magistrate No.III, Madurai;

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(ii) 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 to ensure their identity; and

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(iii) The petitioner shall appear before the learned Judicial Magistrate No.III, Madurai, on all working days at 10.30 a.m., until further orders.

03.06.2026

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