Senthil Kumar v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-02-2026
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN IN CRL RC NO. 506 of 2026 Senthil Kumar ..Petitioner(s) in both Crl.MPs Vs State Represented by The Inspector of Police, Rural (Nallur) Police Station, Tiruppur (Crime No.277 of 2017) ..Respondent(s) in both Crl.MPs CRL MP No. 3879 of 2026 To suspend the sentence of imprisonment imposed on the petitioner by judgment in C.C.No.1129 of 2017 dated 07.10.2024, confirmed by the learned Special Judge for Trial of Cases under SC/ST (Prevention of Atrocities) Act, Tiruppur, in C.A.No.305 of 2024, dated 13.02.2026 and enlarge the petitioner on bail pending disposal of the above Criminal Revision. CRL MP No. 3881 of 2026 To exempt the petitioner from surrendering in lieu of the sentence imposed on the petitioner by judgment in C.C.No.1129 of 2017 dated 07.10.2024, confirmed by the learned Special Judge for Trial of Cases under SC/ST (Prevention of Atrocities) Act, Tiruppur, in C.A.No.305 of 2024, dated 13.02.2026.
For Petitioner(s):
Mr.M.Govindaraju For Respondent(s):
Mr.R.VINOTHRAJA GOVERNMENT ADVOCATE (CRIMINAL SIDE) COMMON ORDER The petitioner has preferred the above revision challenging the judgment passed by the learned Special Judge for Trial of Cases under SC/ST (Prevention of Atrocities) Act, Tiruppur, in C.A.No.305 of 2024, dated 13.02.2026, confirming the judgment of the learned Magistrate convicting the petitioner for the offence under Section 326 of IPC, and sentenced him to undergo R.I for one year and to pay a fine of Rs.1,000/-, I/d. to undergo S.I for one month. The instant petitions have been filed to suspend the sentence imposed on the petitioner and to exempt the petitioner from surrendering before the Trial Court, pending disposal of the above revision.
2. It is the case of the prosecution that the petitioner (A1) with two other accused had entered into a wordy quarrel with the defacto complainant while they were travelling in the road; that thereafter, the petitioner had attacked the defacto complainant with his helmet and the other two accused had attacked him with hands, and thus committed the aforesaid offence.
3. The learned counsel for the petitioner would submit that A3 was acquitted of all charges by the trial Court; and that the case against A2 was split up; that the occurrence did not take place in the manner alleged by the prosecution; that the evidences of P.W.1, the eye witness and wife of P.W.2, the victim are contradictory to the evidence of P.W.3, the doctor, and prayed for suspension of sentence.
4. Heard the learned counsel for the petitioner and perused the materials available on record.
5. On a perusal of the evidence of P.W.1 to P.W.3, this Court finds considerable force in the submission made by the learned counsel for the petitioner that there is a doubt with regard to the manner in which the alleged occurrence took place. The entries made by the P.W.3, doctor in the Accident Register as regards the statement of P.W.2 and the deposition of P.W.2 are contrary to each other. Admittedly, there is no prior enmity. Hence, this Court is inclined to grant the relief of suspension of sentence and exempt the petitioner from surrendering before the Trial Court, subject to the following conditions: (i) The sentence of imprisonment alone imposed on the petitioner/accused shall be suspended, on his executing a bond a bond for a sum of Rs.10,000/- with two sureties each for a likesum to the satisfaction of the learned Special Judge for Trial of Cases under SC/ST (Prevention of
Atrocities) Act, Tiruppur.
(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;
(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 revision 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.
6. Accordingly, the Criminal Miscellaneous Petition is ordered. 27-02-2026 (2/2) Index: Yes/No Speaking/Non-speaking order ANU To 1.The Inspector of Police, Rural (Nallur) Police Station, Tiruppur 2.The Special Judge for Trial of Cases under SC/ST (Prevention of Atrocities) Act, Tiruppur
3. The Judicial Magistrate No.IV, Tiruppur SUNDER MOHAN, J.
ANU IN CRL RC NO. 506 of 2026 27-02-2026