John Kennady Vs The State Of Tamilnadu Rep By The Sub Inspector Of Police, Maraneri

This Criminal Miscellaneous Petition filed under Section 438(1) B.N.S.S. Praying to suspend the sentence passed in Judgment dated 30.04.2026 in Crl.A.No.69 of 2022 passed by the learned Additional District and Sessions Judge, Srivilliputhur, Virudhunagar District by confirming the judgement of conviction and sentence dated 06.06.2022 in C.C.No.80 of 2019 passed by the learned Judicial Magistrate No.I, Sivakasi, Virudhunagar District.

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Crl.M.P.(MD)No.13055 of 2026

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ORDER

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This Criminal Miscellaneous Petition has been filed to suspend the sentence passed in Judgment dated 30.04.2026 in Crl.A.No.69 of 2022 passed by the learned Additional District and Sessions Judge, Srivilliputhur, Virudhunagar District by confirming the judgement of conviction and sentence dated 06.06.2022 in C.C.No.80 of 2019 passed by the learned Judicial Magistrate No.I, Sivakasi, Virudhunagar District.

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The learned counsel appearing for the petitioner submitted that the petitioner was convicted by the trial Court on 06.06.2022 in C.C.No.80 of 2019 on the file of the learned Judicial Magistrate No.I, Sivakasi, Virudhunagar District and sentenced to undergo rigorous imprisonment for a period of two years for the offence under Section 392 IPC and to pay a fine of Rs.1000/-, in default, to undergo simple imprisonment for a period of three months.

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Challenging the above said conviction and sentence, the petitioner has preferred appeal in Crl.A.No.69 of 2022 on the file of the learned Additional District and Sessions Judge, Srivilliputhur, Virudhunagar District. The learned Additional District and Sessions Judge, Srivilliputhur, Virudhunagar District by

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confirming the conviction and sentence, dismissed the appeal. Aggrieved by the same, the petitioners has preferred the present Criminal Revision Case along with the above miscellaneous petition.

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The learned Government Advocate(crl.side) strongly objected for granting suspension of sentence, drawing my attention to the fact that the though the learned counsel for the petitioner insisted that suspension of sentence is automatic, the learned Government Advocate(crl.side) strongly objected to the said submission by pointing out that this is not a criminal appeal, but the petitioners has come before this Court by way of revision challenging the concurrent findings of the trial Court as well as the findings of the appellate Court.

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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

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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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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/

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(Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Sivakasi, Virudhunagar District;

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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.I, Sivakasi, Virudhunagar District on all working days at 10.30 a.m., until further orders.

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Crl.M.P.(MD)No.13055 of 2026

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