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Madras High CourtCRL MP(MD)/10956/2025ordered

S.Paneerselvam v. The State Rep. By,

2026-02-05Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2026

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA Crl.M.P.(MD)No.10956 of 2025 in Crl.A.(MD) No.966 of 2023

1. S.Panneerselvam, S/o. Senkutuvan, No.1/23, No.1/24, Velakurichi, Manapparai Taluk, Trichy.

2.S.Sakthivel, S/o. Senkutuvan, No.1/23, No.1/24, Velakurichi, Manapparai Taluk, Trichy.

3.R.Meenakshi D/o. late Rajalingam, No.7, Chinnakuyavar Palayam, Nellithoppu, Pondichery.

4. Valli W/o. Palanichamy, No.1/168, Velakurichi, Manapparai Taluk, Trichy.

... Petitioners Vs.

1.The State represented by The Deputy Superintendent of Police, Directorate of Vigilance and Anti-Corruption Trichy.

Crime No.1/2003.

Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 to grant an exemption for the petitioners to surrender pursuant to the conviction in Spl.Case No.1 of 2019 by the Principal District and Sessions Judge, Tiruchirappalli by judgment dated 04.10.2023 pending disposal of the criminal appeal.

For petitioners : Mr.R.John Sathyan, Senior Advocate, Assisted by Mr.S.Ramsundarvijayaraj For Respondent(s): Mr.K.M.D.Muhilan, Additional Public Prosecutor

ORDER

This Criminal Miscellaneous Petition is filed seeking to grant exemption for the petitioners from surrendering pursuant to the conviction in Spl.Case No.1 of 2019 by the Principal District and Sessions Judge, Tiruchirappalli by judgment dated 04.10.2023 pending disposal of the criminal appeal.

2.Mr.R.John Sathyan, learned Senior Advocate, appearing for the petitioners/appellants would submit that the typed set of papers was made ready only on 23.06.2025 and was received by the learned counsel on 01.07.2025 and the case was adjourned to 01.08.2025. Since the records are voluminous, the petitioners were unable to get ready with the appeal within the limited time frame and hence, they sought adjournment on that day, whereas this Court, holding that the petitioners are not cooperating for the disposal of Crl.A.(MD) No.966 of 2023, had cancelled the suspension of sentence granted to the petitioners in Crl.M.P.(MD) No.15269 of 2023 on 03.11.2023. He would further submit that it is not the intention of the petitioners to drag on the proceedings and they are ready to argue the appeal on any day fixed by this Court.

3.This Court, had earlier granted suspension of sentence on 03.11.2023 in Crl.M.P.(MD) No.15269 of 2023 and the same was cancelled by this Court on 01.08.2025 on the ground that after obtaining suspension of sentence, the appellants are protracting the appeal and they have also not co-operated for the disposal of the same. 4.Today, the learned Senior Counsel appearing for the petitioners/appellants undertook to proceed with the appeal on any day fixed by this Court. 5.In view of the undertaking given by the learned Senior Counsel, the order dated 03.11.2023 granting suspension of sentence to the petitioners stands revived. 6.Due to paucity of time, list the matter on 26.02.2026. 05.02.2026 raa To

1. The Principal District and Sessions Judge, Trichy.

2. The Deputy Superintendent Of Police, Vigilance And Anti-corruption, Trichy.

3. The Public Prosecutor, High Court, Chennai.

A.D.JAGADISH CHANDIRA, J.

raa Crl.M.P.(MD)No.10956 of 2025 in Crl.A.(MD) No.966 of 2023 05.02.2026