Sripavadairayan @ Anbu v. The State By, The Deputy Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-09-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI IN CRL A NO. 1450 OF 2025 Sripavadairayan @ Anbu Erikarai Street, Kalinchikuppam, Villupuram Taluk, Villupuram District.
Petitioner(s) Vs The State by, The Deputy Superintendent of Police, Valavanur Sub Division, Villupuram District. Crime No.736 of 2024.
Respondent(s) PRAYER 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 case and the scheduled tribes (Prevention of Atrocities) Act 1989, Villupuram pending disposal of the above Criminal Appeal and enlarge the petitioner on bail.
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For Petitioner(s):
Mr. K.Sudhakar For Respondent(s):
Mr.V.Meganathan, Govt. Advocate (Crl. Side) For R1 And R2
ORDER
This Criminal Miscellaneous Petition has been filed by the petitioner, 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 petitioner is 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. He was 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.
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Aggrieved by the same, the petitioner had filed this appeal along with the present miscellaneous petition.
3. The learned counsel for the petitioner/accused would submit that there are arguable points available in the Criminal Appeal and the petitioner/accused has got a fair chance of succeeding in the Criminal Appeal and hence, the substantive sentence imposed against the petitioner/accused may be suspended. He would submit that already sentence was suspended by this court in Crl.M.P.No.14684 of 2025 in Crl.A.No.1113 of 2025 for A1 and A2 and this petitioner is ranked as A3. A1 and A2 already surrendered and now this petitioner surrendered on 26.08.2025 and from that day onwards, he was in custody.
4. Heard the learned counsel appearing for the petitioner 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 petitioner, also by considering the submissions of the learned counsel for the petitioner, further this criminal appeal is not likely to be taken for final hearing in the near future and the fact that this Court suspended the sentence for A1 and A2 and since he has not surrendered on that day, he was remanded and from 26.08.2025, he is in judicial custody, 3/7
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 is granted on the following conditions: (a) The 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 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 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 4/7
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. Post the matter on 06.11.2025 along with Crl.A. No. 1113 of 2025. 16-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp 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. 5/7
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T.V.THAMILSELVI J.
rpp CRL MP No. 17199 of IN CRL A NO. 1450 OF 16-09-2025 (2/2) 7/7