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Madras High CourtCRL MP/1860/2026ordered

Arun Chander v. The Deputy Superintendent Of Police

2026-02-09Honourable Mr.Justice Sunder Mohan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-02-2026

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN and CRL A No. 126 of 2026 Arun Chander ...Petitioner Vs.

1. State by:

The Deputy Superintendent of Police, Tiruvarur Taluk Police Station, Collector office road, Master Plan complex, Vilamal, Tiruvarur District - 610 004.

(Crime No.341 of 2023)

2. State rep. by The Inspector of Police, Tiruvarur Taluk Police Station, Tiruvarur District.

3. Thiruneela Kandan

...Respondent

PRAYER: Criminal Miscellaneous Petition filed under Sections 430 of BNSS, to suspend the sentence of imprisonment imposed on the petitioner U/s.3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act in Special Sessions Case No.63 of 2025 on the file of the Court of the Sessions Judge, Special Court for SC/ST(POA) Act Cases, Tiruvarur by judgment dated 17.12.2025 and enlarge the petitioner on bail, pending disposal of the above Criminal Appeal.

For Petitioner(s):

Mr.Sanjay For R1 and R2:

Mr.S.Balaji Government Advocate (Crl. Side) Page No.1/1

ORDER

This Criminal Miscellaneous Petition has been filed to suspend the conviction and sentence passed by the learned Sessions Judge, Special Court for SC/ST (Prevention of Atrocities) Act Cases, Tiruvarur in Spl.S.C.No.63 of 2025 dated 17.12.2025 pending disposal of the above criminal appeal.

2. The petitioner/Accused No.1 in Spl.S.C.No.63 of 2025 was convicted by the Trial Court by judgment dated 17.12.2025 for the offences under Sections 3(1)(s) of the SC / ST (PoA) Act and sentenced to undergo six months simple imprisonment and to pay a fine of Rs.1,000/-, in default, to undergo one month simple imprisonment. Aggrieved by the same, the petitioner filed Crl.A.No.126 of 2026 before this Court along with the instant miscellaneous petition seeking suspension of sentence.

3. The case of the prosecution is that there was a wordy quarrel between the petitioner / A1 and the defacto complainant regarding land dispute, due to which, the petitioner had abused the defacto complainant in filthy language and insulted him by uttering his caste name and threatened him of dire consequences and thus committed the offence.

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4. The learned counsel appearing for the petitioner would submit that there are several arguable points in the above appeal; and that the sentence of imprisonment has been suspended by the trial Court; and hence, prayed for grant of suspension of sentence to the petitioner.

5. Heard the learned Government Advocate (Crl. Side) appearing for the respondent police.

6. Considering the submissions made by the learned counsel for the petitioner that there are arguable points in the above appeal and that the sentence imposed on the petitioner is six months and the appeal is not likely to be taken in near future, this Court is inclined to suspend the sentence imposed on the petitioner on the following conditions till the disposal of the criminal appeal. (i)The petitioner shall execute 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 Sessions Judge, Special Court for SC/ST (Prevention of Atrocities) Act Cases, Tiruvarur;

(ii)The petitioner and 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 and mobile numbers to ensure their identity;

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(iii) The petitioner shall appear before the trial Court on the first working day of every month at 10.30 a.m. until the disposal of the appeal and if he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court;

(i) 09-02-2026 2/2 Mac To

1. The Special Court for SC/ST (Prevention of Atrocities) Act Cases, Tiruvarur

2. The Deputy Superintendent of Police, Tiruvarur Taluk Police Station, Collector office road, Master Plan complex, Vilamal, Tiruvarur District - 610 004.

3. The Inspector of Police, Tiruvarur Taluk Police Station, Tiruvarur District.

4. The Public Prosecutor, High Court of Madras, Madras.

SUNDER MOHAN J.

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Mac and CRL A No. 126 of 2026 09.02.2026 (2/2) Page No.5/5