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Madras High CourtCRL MP/1890/2025ordered

Ravi@Ravi Kumar v. State Rep.By Its, Deputy Superintendent Of Police,

2025-09-23Honourable Mrs.Justice T.V.Thamilselvi7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI AND CRL A NO. 158 OF 2025 Ravi @ Ravi Kumar S/o.Udhayakumar, Thoppu Street, Melpathi Village, Villupuram District.

Petitioner(s) Vs

1. State Rep.By Its, Deputy Superintendent Of Police, Villupuram Sub Division, Villupuram District.

2.The Inspector Of Police, Valavanur Police Station, Villupuram District. Cr.No.234/2015.

Respondent(s) PRAYER To suspend the sentence imposed upon the petitioner / Appellant by the Sessions Judge, Special Court for Exclusive Trial of Cases registered under the scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Villupuram in Spl.S.C.No.90 of 2019 by Judgment dated 11.06.2024 pending disposal of the appeal.

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For Petitioner(s):

Mr. S.M.Nandhie Devhan For Respondent(s):

Mr.V.Meganathan, Govt. Advocate (Crl. Side)

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed by the learned Sessions Judge, Special Court for Exclusive Trial of cases registered under the SC and ST (Prevention of Atrocities) Act, 1989, Villupuram, in Spl.S.C.No.90 of 2019 dated 11.06.2024 and enlarge the petitioners on bail pending disposal of the above appeal. 2.

The petitioner herein is the accused in Spl.S.C.No.90 of 2019 on the file of the learned Sessions Judge, Special Court for Exclusive Trial of cases registered under the SC and ST (Prevention of Atrocities) Act, 1989, Villupuram. He was found guilty of the offences under Section 307 of IPC/BNS and he has been convicted and sentenced to undergo rigorous imprisonment for a term of 7 years and to pay fine of Rs.10,000/-, in default of payment of fine, he shall undergo rigorous imprisonment for further period of one year. Aggrieved by the same, the petitioner had filed this appeal along with the present miscellaneous petition.

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3.

The learned counsel for the petitioner/accused would submit that at the time of occurrence, victim was under the influence of alcohol, due to which he fell down and died on his own negligence. But, the petitioner and other accused have been falsely implicated in this case He would submit that he is in custody from the date of judgment i.e. on 11.06.2024 for more than one year. He would further submit that he was acquitted for an offence under Sec.148, 294(b) I.P.C. r/w Sec.3(1)(r), 3(1)(s), 3(2)(va), 3(2)(v) of SC/ST (POA) Act. He would also 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 petitioner is ready to abide the condition imposed by this Court. 4.

Per contra, the learned Government Advocate (Criminal Side) appearing for the respondent/State raised serious objection for allowing this petition and contended that he is aged about 28 years and he has no bad antecedents. He would also submit that the evidences recorded from the prosecution witnesses would prove the case of the prosecution beyond reasonable doubt. According to him, interference of this Court is not necessary in the findings arrived at by the trial Court. 3/7

5.

Heard the learned counsel appearing on either side and also perused the materials placed on record.

6.

On seeing the facts, it reveals that he is in custody from the date of judgment i.e. on 11.06.2022 for more than one year and he was acquitted under Sec.148, 294(b) I.P.C. r/w Sec.3(1)(r), 3(1)(s), 3(2)(va), 3(2)(v) of SC/ST (POA) Act and he has no bad antecedents. Considering that and 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 and the learned Government Advocate (Crl. Side) appearing for the respondent police, 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.

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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 petitioner/accused is ordered to be released on bail, on their executing a separate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, in which one surety must be a blood surety, for a like sum to 4/7

the satisfaction of the learned Sessions Judge, Special Court for Exclusive Trial of cases registered under the SC and ST (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 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 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. 8.

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

9. Post the matter on 13.11.2025.

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Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp To

1. Sessions Judge, Special Court for Exclusive Trial of cases registered under the SC and ST (Prevention of Atrocities) Act, 1989, Villupuram.

2. The Deputy Superintendent of Police, Villupuram Sub-Division, Villupuram.

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

3. The Superintendent of Prison, Central Prison, Cuddalore.

4. The Public Prosecutor, High Court, Madras. 6/7

T.V.THAMILSELVI J.

rpp CRL MP No. 1890 of AND CRL A NO. 158 OF 23-09-2025 7/7