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Madras High CourtCRL MP/20186/2025ordered

Suriya v. State Rep By The Deputy Superintendent Of Police

2025-10-30Honourable Mrs.Justice T.V.Thamilselvi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 30.10.2025 Coram:

The Honourable Mrs.Justice T.V.THAMILSELVI Crl.M.P.No.20186 of 2025 in Crl.A.No.1666 of 2025 1.Suriya 2.Sangukrishnan

...Petitioners

Versus

State represented by the Deputy Superintendent of Police, Anandapuram Sub Division, Villupuram.

...Respondent

Prayer:

This Criminal Miscellaneous Petition is filed under Section 430 of BNSS, 2023 praying to suspend the sentence alone imposed on the petitioners in Special S.C.No.8 of 2024 by the learned Sessions Judge, Special Court for Exclusive Trial of Cases registered under SC/ST Act, Villupuram on 30.09.2025 and enlarge the petitioner on bail pending disposal of Criminal Appeal.

For Petitioners :

Mr.V.Ramamurthy For Respondent :

Mr.V.Meganathan, Government Advocate (Crl.Side) 1/6

ORDER

This Criminal Miscellaneous Petition has been filed by the Petitioners seeking to suspend the sentence imposed on them by the learned Sessions Judge, Special Court for Exclusive Trial of Cases registered under SC/ST Act, Villupuram vide Judgment dated 30.09.2025 in S.C.No.08 of 2024 and to enlarge them on bail pending disposal of the above Criminal Appeal.

2. The Petitioners are Accused Nos.1 & 2 in S.C.No.08 of 2024 on the file of Special Court for Exclusive Trial of Cases registered under SC/ST Act, Villupuram. The 1st Petitioner/Accused No.1 was found guilty of the offence under Section 324 of IPC and 2nd Petitioner/Accused No.2 was found guilty of the offence under Section 326 of IPC. Therefore, the trial Court vide Judgment dated 30.09.2025 in S.C.No.08 of 2024, convicted the Petitioners/Accused and sentenced them as follows: S.No.

Name of the Petitioner/Accused Offence Sentence Suriya (A1) Under Section 324 of I.P.C To undergo rigorous imprisonment for 2 years Sangukrishnan (A2) Under Section 326 of I.P.C To undergo rigorous imprisonment for 3 years and to pay a fine of Rs.10,000/-, in default, to undergo rigorous imprisonment for 6 months.

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Aggrieved by the said conviction and sentence, Petitioners/Accused have preferred the present Criminal Appeal before this Court.

3. The learned counsel for the Petitioners/Accused submitted that Petitioners/Accused have been falsely implicated in this case and they have a fair chance of succeeding in the Criminal Appeal and they are ready to abide any condition to be imposed by this Court. Therefore, the learned counsel for the Petitioners/Accused prayed that the substantive sentence imposed on the Petitioners/Accused may be suspended.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that he has serious objection for suspending the sentence imposed on the Petitioners/Accused.

5. Heard the learned counsel for the Petitioners/Accused and the learned Government Advocate (Crl.Side) appearing for the respondent Police.

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6. Considering the submissions made by the learned counsel for the Petitioners/Accused coupled with the quantum of punishment imposed on the Petitioners/Accused and taking into consideration of the fact that the Criminal Appeal is likely to be taken up for final hearing in the near future, this Court is inclined to suspend the substantive sentence of imprisonment alone.

7. Accordingly, till the disposal of the Criminal Appeal, the reliefs of suspension of sentence and bail are granted on the following conditions: (i) The sentence of imprisonment imposed on the Petitioners/Accused shall be suspended and the Petitioners/Accused shall be released on bail on condition that they shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a likesum to the satisfaction of the trial Court; (ii) The Petitioners/Accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the trial Court may obtain a copy of their Aadhaar Card or Bank Pass Book and their mobile numbers to ensure their identity;

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(iii) The Petitioners/Accused 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 Criminal Appeal and if they are not able to appear before the trial Court on any day, they 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 their absence, as directed by the trial Court.

8. With the above directions, this Criminal Miscellaneous Petition is allowed.

30.10.2025 mrr Index: Yes/No Speaking Order (or) Non-Speaking Order Note: Registry is directed to list the Criminal Appeal No.1666 of 2025 for hearing on 20.01.2026.

To 1.The Special Court for Exclusive Trial of Cases registered under SC/ST Act, Villupuram.

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

3.The Public Prosecutor, High Court, Madras.

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T.V.THAMILSELVI, J.

mrr Crl.M.P.No.20186 of 2025 in Crl.A.No.1666 of 2025 30.10.2025 6/6