Gopal v. State Of Tamilnadu Rep By The Sub Inspector Of Police, Royappanpatti
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.07.2026
CORAM
THE HONOURABLE MRS JUSTICE L.VICTORIA GOWRI CRL MP(MD) NO. 12885 of 2026 in CRL RC(MD) NO. 1082 of 2026 Gopal ... Petitioner Vs.
The State of Tamilnadu, Rep. by the Sub Inspector of Police, Royappanpatti Police Station, Theni District.
... Respondent PRAYER: This Criminal Miscellaneous Petition is filed under Section 377(1) of Cr.P.C., (U/s. 438(i) of BNSS) to suspend the imprisonment passed by the learned Judicial Magistrate, Uthamapalayam, Theni District, made in CC No.52 of 2018 dated 20.02.2025 confirming the conviction and modifying the sentence and reduced to 6 months simple imprisonment from 3 years simple imprisonment for the offence under Section 326 IPC by the learned Principal Sessions Judge, Theni, Theni District made in Crl.A.No.36 of 2025 dated 24.11.2025, and enlarge the petitioner on bail, pending disposal of the criminal revision.
For Petitioner : Mr.B.Senthilkumar For Respondent : Mr.D.Rajaboopathy Government Advocate (Crl.) 1/6
ORDER
This Criminal Miscellaneous Petition has been filed to suspend the sentence of imprisonment imposed by the learned Principal Sessions Judge, Theni, Theni District in Crl.A.No.36 of 2025 dated 24.11.2025, confirming the conviction and sentence imposed by the learned Judicial Magistrate, Uthamapalayam, Theni District, in CC No.52 of 2018 dated 20.02.2025 and enlarge the petitioner on bail, pending disposal of the criminal revision petition.
2. The learned counsel appearing for the petitioner submitted that the petitioner has been convicted by the trial Court on 20.02.2025, and the trial Court sentenced him to undergo simple imprisonment for a period of three years, and also to pay a fine of Rs.4,000/-, for the offence under Section 326 of IPC and to pay a fine of Rs.1,000/-, for the offence under Section 294(b) of IPC, in default to undergo one month simple imprisonment, in C.C.No.52 of 2018 on the file of the learned Judicial Magistrate, Uthamapalayam, Theni District.
3. The learned Principal Sessions Judge, Theni, Theni District, modified the conviction, and sentence and partly allowed the Criminal Appeal in 2/6
Crl.A.No.36 of 2025 dated 24.11.2025, modifying the sentence to undergo simple imprisonment for a period of six months, for the offence under Section 326 of IPC and the fine amount already imposed Rs.5,000/- is confirmed. Challenging the same, the present Criminal Revision Case has been filed before this Court along with this Criminal Miscellaneous Petition seeking suspension of sentence.
4. 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.
5. This Court has carefully considered the rival contentions put forward by either side and also perused the materials available on record.
6. 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 3/6
revision petition, this Court is of the considered view that the petitioner herein is entitled to the relief of grant of suspension of sentence.
7. Accordingly, this petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the revision with the following directions:
(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, Uthamapalayam;
(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 (iii) The petitioner shall appear before the learned Judicial Magistrate, Uthamapalayam, on all working days at 10.30 a.m., until further orders.
8. Mr.D.Rajaboopathy, learned Government Advocate takes notice for the respondent.
9. Post the matter for reporting compliance after four weeks. 03.07.2026 Sm (1/2) Note: Issue order copy on 03.07.2026.
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To:- 1.The Principal Sessions Judge, Theni, Theni District. 2.The Judicial Magistrate, Uthamapalayam, Theni District. 3.The Sub Inspector of Police, Royappanpatti Police Station, Theni District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5.The Superintendent, Central Prison, Madurai. 5/6
L.VICTORIA GOWRI, J.
Sm Crl. MP(MD)No.12885 of 2025 in CRL RC(MD)No.1082 of 2026 (1/2) 03.07.2026 6/6