Ayyanar (Alert) v. State Represetned By, Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31-10-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL MP No. 20236 of 2025 AND CRL A NO. 1245 OF 2025

1. Ayyanar (Alert) S/o. Saravanan, Mariyamman Kovil Street , L.R.Palayam Village, Villupuram Taluk, Villupuram District.

2. Ayyanar S/o. Moorthy, Thirowpathiyamman Kovil Street, Pallichery Village, Villupuram Taluk, Villupuram District.

3. Azhaguvel @ Ariraman s/o. Perumal, Thirowpathiyamman Kovil Street, Pallichery Village, Villupuram Taluk, Villupuram District.

4. Sethu S/o. Sekar, Kalangal Street, Pallichery Village, Villupuram Taluk, Villupuram District.

Petitioner(s) Vs

1. State Represented by, Deputy Superintendent of Police, Kandamangalam Police Station, Kandamangalam Sub Division, Villupuram. (Crime No. 288/2019) Respondent(s)

PRAYER To Suspend the order of conviction and sentence made in Spl.S.c.No. 02/2020 by the Learned Sessions Judge, Special Court Exclusive Trial of Cases Registered under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act -1989 at Villupuram by its judgment dt. 17.06.2025 and enlarged petitoiner on bail .

For Petitioner(s):

S.M.Nandhie Devhan E.Sundara Kumar K.Karthi B.Koteswara Rao For Respondent(s):

Mr.V. Meganathan, Government Advocate

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner to suspend the order of conviction and sentence made in Spl.S.C.No. 02/2020 by the Learned Sessions Judge, Special Court Exclusive Trial of Cases Registered under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act -1989 at Villupuram by its judgment dt. 17.06.2025 and enlarged petitioner on bail .

2. The petitioners herein are the accused in Spl.S.C.No. 02/2020 by the Learned Sessions Judge, Special Court Exclusive Trial of Cases Registered

under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act -1989 at Villupuram. They were found guilty of the offence under Sections 376(D) of IPC and are convicted and sentenced to undergo rigorous imprisonment for 20 years and pay a fine of Rs.10,000/- each, in default to undergo rigorous imprisonment for 5 years and the fine imposed under this section shall be pad to the victim. The accused A1 to A4 are found guilty for commission of offence u/s 354(A) of IPC and sentenced to undergo rigorous imprisonment for 3 years. The sentences should run concurrently. The period of detention already undergone is ordered to be set off u/s 428 of Cr.P.C. Accused is convicted u/s 235(2) of Cr.P.C ( Total fine Amount is Rs.40,000/- (Rupees Forty thousand only). Challenging the same, the present appeal has been filed. 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 the petitioner is ready to abide the condition imposed by this Court.

4. The learned Government Advocate submitted that when one Meena and Aruljothi were speaking to each other the accused persons enquired about their caste and assaulted the said Aruljothi and took away the Meena and thereafter attempted to commit rape on her. He further submitted that the offence is serious in nature he prays to dismiss this petition.

5. Considering the facts and circumstances of the case coupled with the quantum of punishment imposed upon the petitioners, 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. Accordingly, till the disposal of the Criminal appeal, the reliefs of suspension of sentence and bail are granted on the following conditions:

(a) the petitioners/accused are ordered to be released on bail, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, in which one surety must be a blood related surety, each for a like sum to the satisfaction of the Learned Sessions Judge, Special

Court Exclusive Trial of Cases Registered under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act -1989 at Villupuram (c) 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.

(d) The petitioner shall appear before the Trial Court on every Tuesday 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.

(e) the petitioner shall not to have any communication with the victim family.

5.

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

31-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes smn

To.

1. The Deputy Superintendent of Police, Kandamangalam Police Station, Kandamangalam Sub Division, Villupuram.

2. The Learned Sessions Judge, Special Court Exclusive Trial of Cases Registered under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act -1989 at Villupuram 3.The Superintendent, Central Prison, Cuddalore 4.The Public Prosecutor, High Court of Madras.

T.V.THAMILSELVI, J.

smn CRL MP No. 20236 of AND CRL A NO. 1245 OF 2025 31-10-2025 2/2