Saravanan Vs State Of Tamilnadu Rep By Inspector Of Police

The State of Tamilnadu, Rep. by the Inspector of Police, Traffic Investigation South Police Station, Cantonment, Trichy - 1 District. Crime No.80 of 2020

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... Respondent

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PRAYER : This Criminal Miscellaneous Petition is filed under Section 377(1) of Cr.P.C., (U/s. 438(i) of BNSS) to suspend the sentence and release the petitioner on bail pending disposal of the criminal revision petition before this Court against the judgment passed by the learned Principal District and Sessions Judge, Tiruchirappalli made in C.A.No.142 of 2025 dated 11.03.2026, who convicted and modified the judgment passed by the learned Judicial Magistrate No.V, Tiruchirappalli in CC No.70 of 2021 dated 12.09.2025 on such terms and conditions as may be deemed fit pending disposal of the revision petition.

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For Petitioner : Mr.N.Sudhagar Nagaraj For Respondent : Mr.S.Ravi Additional Public Prosecutor

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

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Crl.M.P.(MD)No.8907 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 Principal District and Sessions Judge, Tiruchirappalli in C.A.No.142 of 2025 dated 11.03.2026, confirming the conviction and sentence imposed by the learned Judicial Magistrate No.V, Tiruchirappalli in CC No.70 of 2021 dated 12.09.2025 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 12.09.2025, and the trial Court sentenced him to undergo simple imprisonment for a period of one year, and also to pay a fine of Rs.2,000/-, in default to undergo one month simple imprisonment, for the offence under Section 304A of IPC and to pay a fine of Rs.1,000/-, in default to undergo one month simple imprisonment, for the offence under Section 279 of IPC in C.C.No.70 of 2021 on the file of the learned Judicial Magistrate No.V, Tiruchirappalli.

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The learned Principal District and Sessions Judge, Tiruchirappalli, modified the conviction and sentence by reducing the imprisonment to six months for the offence under Section 304A of the IPC, while confirming all 2/6

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

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Crl.M.P.(MD)No.8907 of 2026

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other sentences. The Criminal Appeal in C.A. No. 142 of 2025 was partly allowed on 11.03.2026. 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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The learned counsel for the petitioner submitted that there are several infirmities in the prosecution case, and also there are contradictions in material particulars between the evidence of the prosecution witnesses.

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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.M.P.(MD)No.8907 of 2026

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Accordingly, this petition is allowed and the substantive sentence of

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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.V, Tiruchirappalli;

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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.V, Tiruchirappalli, on all working days at 10.30 a.m., until further orders.

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