Allowed¶53

Arunkumar v. Reju Kumar

Madras HC3 Feb 2026CRL MP(MD)/2123/2026

Case brief

AI extract

What is this about?

Suspension of sentence; bail pending criminal revision; Crl.MP(MD)No.2123 of 2026 in Crl.RC(MD)No.185 of 2026; Madurai Bench of Madras High Court; Mohammed Shaffiq J.; Arun Kumar v. Reju Kumar; Sections 294(b), 448, 323, 506(ii) IPC; Sessions Fast Track Mahila Court, Kanyakumari @ Nagercoil; Judicial Magistrate No.III, Nagercoil; interested witnesses P.W.2 P.W.3; obscene words not uttered in public place; Section 317 Cr.P.C.; 355 B.N.S.S; Atul Alias Ashutosh vs State of Madhya Pradesh (2024) 3 SCC 663; bond Rs.10,000 with two sureties.

What did the court decide?

Suspension of sentence and enlargement on bail on the stated conditions, till the disposal of Crl.RC(MD)No.185 of 2026. ¶53

Arunkumar Vs Reju Kumar — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Suspension of sentence and enlargement on bail on the stated conditions, till the disposal of Crl.RC(MD)No.185 of 2026.

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Issue for consideration

Whether the sentence imposed on the petitioner (as modified in appeal) should be suspended and bail granted pending disposal of Crl.RC(MD)No.185 of 2026. +2 more

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Court's answer

Suspension of sentence and bail granted to the petitioner till disposal of the Criminal Revision, considering that arguable points are raised in the revision and that it is likely to take a while before the revision is finally heard.

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Ratio / Principle

Petitioner directed to be enlarged on bail on executing a bond for Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum, to the satisfaction of the learned Judicial Magistrate No.III, Nagercoil.

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Key takeaways

Petitioner and sureties to affix their photographs and Left Thumb Impression in the bond; the said Court may obtain a copy of their Aadhaar card or Bank pass Book to ensure their identity.ratio¶49-50
Petitioner to appear and sign before the learned Judicial Magistrate No.III, Nagercoil on the first working day of every English calendar month at 10.30 a.m., until further orders.ratio¶51

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), Mohammed Shaffiq J.: Suspends sentence and grants bail to Arun Kumar, convicted by the Judicial Magistrate No.III, Nagercoil in C.C.No.146 of 2013 (dated 31.01.2019) under Sections 294(b), 448 and 323 IPC, as confirmed by the Sessions Fast Track Mahila Court, Kanyakumari @ Nagercoil in Crl.A.No.32 of 2019 (dated 23.10.2025, which had set aside the sentence under Section 506(ii) IPC alone), pending disposal of Crl.RC(MD)No.185 of 2026. Conditions: bond of Rs.10,000/- with two sureties each for a like sum to the satisfaction of the Judicial Magistrate No.III, Nagercoil; photographs/left thumb impression and Aadhaar/bank pass book identity verification; monthly reporting on the first working day of every English calendar month at 10.30 a.m.; and provision for absence via an application under Section 317 Cr.P.C. (corresponding to 355 B.N.S.S). Relies on Atul Alias Ashutosh vs State of Madhya Pradesh, (2024) 3 SCC 663. Counsel's grounds in the revision (interested witnesses; obscene words allegedly not uttered in a public place) were noted as arguable but not decided.

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Crl.MP(MD)No.2123 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 03.02.2026

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CORAM

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THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ

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Crl.MP(MD)No.2123 of 2026 in Crl.RC.(MD)No.185 of 2026

Arun Kumar

... Petitioner

Vs.

Reju Kumar ... Respondent

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PRAYER:

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To suspend the sentence confirmed in Crl.A.No.32 of 2019 dated 23.10.2025 by the Hon'ble Sessions Fast Track Mahila Court, Kanyakumari @ Nagercoil by confirming the Judgement dated 31.01.2019 passed in C.C.No.146 of 2013 by the Judicial Magistrate No.III, Nagercoil.

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For Petitioner : Mr.V.Sukumar For Respondent : No Appearance

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

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Crl.MP(MD)No.2123 of 2026

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ORDER

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Heard Mr.V.Sukumar, learned counsel appearing for petitioner.

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This Criminal Miscellaneous Petition has been filed, praying to suspend the sentence imposed upon petitioner by learned Judicial Magistrate No.III, Nagercoil in C.C.No.146 of 2013 dated 31.01.2019, which was modified by Sessions Fast Track Mahila Court, Kanyakumari @ Nagercoil in Crl.A.No.32 of 2019 dated 23.10.2025.

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Learned counsel for petitioner would submit that petitioner was convicted by learned Judicial Magistrate No.III, Nagercoil for the offences punishable under Section 294(b), 448, 323 and 506(ii) of IPC and sentenced as follows:-

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i. To undergo one month simple imprisonment and to pay a fine of Rs.1000/-, in default to undergo one week simple imprisonment for offence under Section 294(b) IPC;

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

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Crl.MP(MD)No.2123 of 2026

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ii.

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ii. To undergo three months simple imprisonment and to pay a fine of Rs.500/-, in default to undergo one week simple imprisonment, for offence under Section 448 IPC;

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iii. To undergo three months simple imprisonment and to pay a fine of

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Rs.500/-, in default to undergo one week simple imprisonment, for offence under Section 323 IPC;

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iv. To undergo three months simple imprisonment and to pay a fine of Rs.500/-, in default to undergo one week simple imprisonment, for offence under Section 506(ii) IPC.

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Aggrieved petitioner filed Crl.A.No.32 of 2019, before learned

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Sessions Fast Track Mahila Court, Kanyakumari and the lower Appellate Court vide order dated 23.10.2025, partly allowed the appeal and modified the judgment passed by the trial Court and set aside the sentence with respect to 506(ii) of IPC alone and confirmed the remaining portions of the conviction and sentence imposed under Sections 294(b), 448 and 323 of IPC passed by Trial Court. Challenging the above conviction and sentence, petitioner has filed Criminal Revision

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

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Crl.MP(MD)No.2123 of 2026

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Petition in Crl.RC(MD)No.185 of 2026 before this Court along with the instant miscellaneous petition seeking suspension of sentence and bail.

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Learned counsel for petitioner would further submit that petitioner has a good case inter alia stating that no independent witnesses were examined supporting the case of the respondent and P.W.2, who is the father of the complainant and P.W.3, who is the uncle of the respondent are interested witnesses; and that courts below failed to see that the ingredients of Section 294(b) IPC were not satisfied, as the alleged obscene words were not uttered in a public place.

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Learned counsel for petitioner would further submit that petitioner has raised other substantial grounds in above revision, which requires consideration. Hence, he prayed for granting suspension of sentence and bail to petitioner.

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

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Crl.MP(MD)No.2123 of 2026

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Learned Government Advocate appearing for respondent has

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opposed the submissions made by learned counsel for petitioner and submits that the judgments passed by both the Courts are as per law after considering the entire evidence, thus the relief sought by petitioner at this stage be refused by this Court.

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Considering the fact that there are arguable points raised in revision and taking into consideration, facts and circumstances of the case and that it is likely to take a while before the revision is finally heard¹ , this Court is inclined to grant suspension of sentence and bail to the petitioner, on the following conditions, till the disposal of the above Criminal Revision:

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i) Petitioner is directed to be enlarged on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.III, Nagercoil;

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1 Atul Alias Ashutosh vs State of Madhya Pradesh, (2024) 3 SCC 663

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

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Crl.MP(MD)No.2123 of 2026

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ii)Petitioner and sureties shall affix their photographs and Left Thumb Impression in the bond and the above said Court may obtain a

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copy of their Aadhaar card or Bank pass Book to ensure their identity;

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iii)Petitioner shall appear and sign before the learned Judicial Magistrate No.III, Nagercoil, on the first working day of every English calendar month at 10.30 a.m., until further orders;

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iv) In case petitioner is not able to appear before the said Court on any day, he shall make arrangements to file an application under Section 317 Cr.P.C. (corresponding to 355 B.N.S.S) and shall appear before the said Court on any other day in lieu of the date of his absence, as directed by the said Court.

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