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Judgment
ORDER
This Criminal Original Petition has been filed challenging the order dated 12.08.2025 passed in Crl.M.P.No.644 of 2025 in C.A.No.16 of 2025 by the learned District and Sessions Judge, Nagapattinam, thereby dismissing the petition filed by the petitioner seeking bail.
The case of the prosecution is that there was a money dispute between the petitioner and the defacto complainant. It is alleged that the petitioner attacked the defacto complainant, abused him in filthy language and threatened him with dire consequences. As a result of which, the defacto complainant sustained injuries and was admitted to the Government Hospital, Vedaranyam, for treatment. Hence, the complaint.
Based on the said complaint, the respondent registered an FIR in Crime No.309 of 2022 and filed final report before the Chief Judicial Magistrate, Nagapattinam in S.C.No.37 of 2023. After full-fledged trial, the Trial Court convicted the petitioner for offences under Sections 341, 294(b), 324, 307 and 506(ii) of IPC The conviction and sentence are as follows :-
| S.No. | Conviction | Sentence |
|---|---|---|
| 1 | Section 341 of IPC | To undergo one month rigorous imprisonment along with fine of Rs.500/-in default of fine amount to undergo one week simple imprisonment. |
| 2 | Section 294(b) of IPC | To undergo three months rigorous imprisonment along with fine of Rs.1,000/-, in default of fine amount to undergo two weeks simple imprisonment. |
| 3. | Section 324 of IPC | To undergo three years rigorous imprisonment along with fine of Rs.5,000/- in default of fine amount to undergo six months simple imprisonment. |
| 4. | Section 307 of IPC | To undergo seven years rigorous imprisonment along with fine of Rs.5,000/- in default of fine amount to undergo six months simple imprisonment. |
| 5. | Section 506(ii) of IPC | To undergo one year rigorous imprisonment along with fine of Rs.2,000/- in default of fine amount to undergo three months simple imprisonment. |
Aggrieved by the said conviction, the petitioner preferred an appeal along with the petition seeking suspension of sentence and grant of bail in Crl.M.P.No.644 of 2025 before the District and Sessions Judge, Nagapattinam. However, the Appellate Court, by order dated 12.08.2025, dismissed the said petition. Aggrieved by the same, the present Criminal Original Petition has been filed.
The learned counsel appearing for the petitioner would submit the Trial Court, without properly appreciating the evidence on record, has mechanically convicted the petitioner. He further submitted that the petitioner has been in incarceration from 15.07.2025.
Considering the facts and circumstances of the case and also the period of incarceration undergone by the petitioner from the date of his arrest i.e. 15.07.2025, the order dated 12.08.2025 passed in Crl.M.P.No.644 of 2025 in C.A.No.16 of 2025 by the District and Sessions Judge, Nagapattinam, is hereby set aside. The sentence of imprisonment imposed by the learned Trial Judge is suspended and bail is granted to the petitioner on the following conditions:
The petitioner is ordered to be released on bail, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, out of which one must be a blood related surety, each for a like sum to the satisfaction of the learned District and Sessions Judge, Nagapattinam.
The petitioner and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the Magistrate may obtain a copy of their Aadhaar Cards or Bank Pass Books to ensure their identities.
The petitioner shall appear before the District and Sessions Judge, Nagapattinam daily at 10.30 a.m., until further orders.
23-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No LPP Note : Issue order copy today To 1.The District and Sessions Judge, Nagapattinam.
The Chief Judicial Magistrate, Nagapattinam
The Inspector of Police Vedaranyam Police Station
The Superintendent, Central Prison, Cuddalore.
The Public Prosecutor, High Court, Madras.
G.K.ILANTHIRAIYAN J.
LPP 23-09-2026