Iyyapakkaran @ Karan v. The State By Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.14684 of 2025 in Crl.A.No.1113 of 2025

1. Iyyappakaran @ Karan

2. Chandaramouli @ Mouli ... Petitioners Vs

1. The State by, Deputy Superintendent of Police, Valavanur Sub Division, Villupuram District.

Crime No.736 of 2024.

2. The State by Inspector of Police, Valavanur Police Station, Villupuram District.

3. Arunkumar ... Respondents PRAYER: Criminal Miscellaneous Petition is filed under Section 430(1) of BNSS, 2023, to suspend the sentence imposed on the petitioner by the judgement dated 30.06.2025 passed in Spl.S.C.No.17 of 2025 on the file of the Sessions Judge/Special Court for Exclusive trial of cases registered under the Scheduled caste and the scheduled tribes Prevention of Atrocities Act 1989, Villupuram pending disposal of the above Criminal Appeal before this Hon'ble court and enlarge the petitioner on bail.

For Petitioners : Mr.K.Sudhakar

For R1 and R2 : Mr.S.Rajakumar Additional Public Prosecutor

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioners, seeking suspension of sentence imposed in Spl.S.C.No.17 of 2025 dated 30.06.2025 on the file of the Sessions Judge/Special Court for Exclusive trial of cases registered under the Scheduled caste and the scheduled tribes Prevention of Atrocities Act 1989, Villupuram and enlarge the petitioners on bail.

2. The petitioners are accused in Spl.S.C.No.17 of 2025 on the file of the Sessions Judge/Special Court for Exclusive trial of cases registered under the Scheduled caste and the scheduled tribes Prevention of Atrocities Act 1989, Villupuram. They were found guilty for the offences punishable under Sections and he has been convicted and sentenced as under: S.No.

Conviction Sentence 1.

Section 131 of BNS, to undergo three months simple imprisonment.

2.

Section 324(2) of BNS, 2023 to undergo six months simple imprisonment.

3.

Section 3(1)(r) of SC/ST (POA) Act to undergo six months simple imprisonment.

4.

Section 3(1)(s) of SC/ST (POA) Act to undergo six months simple imprisonment.

Aggrieved by the same, the petitioners have filed this appeal along with the present miscellaneous petition.

3. The learned counsel for the petitioners/accused would submit that there are arguable points available in the Criminal Appeal and the petitioners/accused have got a fair chance of succeeding in the Criminal Appeal and hence, the substantive sentence imposed against the petitioners/accused may be suspended. He would submit that the first petitioner is in incarceration. The sentence of the second petitioner was already suspended by the lower Court.

4. Heard the learned counsel appearing for the petitioners and perused the materials placed on record.

5. Considering the facts and circumstances of the case coupled with the quantum of punishment imposed upon the first petitioner, also by considering the submissions of the learned counsel for the petitioners, further this criminal appeal is not likely to be taken for final hearing in the near future, this Court is of the view that the substantive sentence of imprisonment alone can be suspended on certain conditions.

6. Accordingly, till the disposal of the Criminal Appeal, the substantive sentence of imprisonment imposed by the learned trial Judge is alone suspended and bail are granted on the following conditions: (a) The first petitioner/accused is ordered to be released on bail, on his executing 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 Sessions Judge/Special Court for Exclusive trial of cases registered under the Scheduled caste and the scheduled tribes Prevention of Atrocities Act 1989, Villupuram.

(b) The first petitioner/accused 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. (c) The first petitioner shall appear before the Trial Court daily at 10.30 a.m., for a period of 30 days and thereafter, on the first working day of every English Calendar month at 10.30 a.m., until the disposal of the Criminal 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 355 of BNSS, 2023 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.

7. With the above directions, this Criminal Miscellaneous Petition is

ordered.

30.07.2025 (2/2) Internet:Yes Index:Yes/No Speaking/Non speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Sessions Judge/Special Court for Exclusive trial of cases registered under the Scheduled caste and the scheduled tribes Prevention of Atrocities Act 1989, Villupuram.

2. The Deputy Superintendent of Police, Valavanur Sub Division, Villupuram District.

3. The Inspector of Police, Valavanur Police Station, Villupuram District.

4. The Superintendent of Prison, Central Prison, Kalapet, Puducherry.

5. The Public Prosecutor, High Court, Madras.

Crl.M.P.No.14684 of 2025 in Crl.A.No.1113 of 2025 30.07.2025