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Madras High CourtCRL MP(MD)/3371/2026ordered

Ramesh v. The State Of Tamilnadu, Rep By The Deputy Superintendent Of Police,

2026-03-23Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :23.03.2026

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Crl.M.P.(MD)Nos.3371 & 3475 of 2026 in Crl.A.(MD)Nos.221 & 229 of 2026 Ramesh

...Petitioner in Crl.M.P.(MD)No.3371 of 2026

Prathish

...Petitioner in Crl.M.P.(MD)No.3475 of 2026

Vs.

1.State of Tamilnadu, Rep by The Deputy Superintendent of Police, Andipatti Police Station, Theni District.

(Crime No.296/2016) 2.State of Tamil Nadu Rep. by, The Inspector of Police, Andipatti Police Station, Theni District.

(Crime No.296/2016) 3.Muthumanikandan ... Respondents in both petitions Common Prayer: Petitions filed under Section 430(1) of BNSS to suspend the Sentence imposed by the learned Sessions Judge, Special Court for trial of cases under SC/ST (POA) Act, Theni, dated 20.01.2026 in Spl.S.C.No. 1/6

91 of 2020 and enlarge the petitioners on bail pending disposal of the appeals.

For petitioners :

Ms.S.Vijaya Shanthi (Crl.M.P.(MD)No.3371 of 2026) Ms.M.Anbarasi (Crl.M.P.(MD)No.3475 of 2026) For Respondents :

Mr.A.S.Abul Kalaam Azad (in both petitions) Government Advocate (Crl. Side) for R1 & R2 C O M M O N O R D E R The petitioners, accused in Spl.S.C.No.91 of 2020, on the file of the learned Sessions Judge, Special Court for trial of cases under SC/ST (POA) Act, Theni were found guilty by the trial Court and was convicted and sentenced as under:- Sl.No Sections Punishment Fine amount Default 342 IPC 6 months Rigorous imprisonment Rs.

1,000/- 1 month rigorous imprisonment 323 IPC r/w 3(2) (va) of SC/ST (POA) Amendment Act 6 months rigorous imprisonment Rs.

1,000/- 1 month rigorous imprisonment 2/6

As against the conviction and sentence imposed by the trial Court in Spl.S.C.No.91 of 2020, dated 20.01.2026, the petitioners have filed Criminal Appeals in Crl.A(MD)Nos.221 & 229 of 2026 and the same were admitted by this Court on 16.02.2026. The petitioners have also moved these applications to suspend the sentence imposed on them by the trial Court. This Court while considering these applications, by its order dated 24.02.2026, has suspended the sentence of the petitioners till 17.03.2026.

2. The learned counsel appearing for the petitioners submits that since this Court had already granted interim suspension of sentence, the same may be extended. She further submits that the petitioner in Crl.M.P. (MD)No.3371 of 2026 / A1 is working in Indian Army and stationed at Secunderabad.

3. The learned Government Advocate (Crl. Side) appearing for the respondent Police submits that the petitioner in Crl.M.P.(MD)No.3475 of 2026 has previous cases and insisted on imposing stringent conditions. 3/6

4. This Court considered the rival submissions made and also perused the materials placed on record.

5. Considering the period of suspension of sentence and that the appeal could not be taken up immediately for want of time, this Court is inclined to suspend the sentence imposed on the petitioners.

6. Accordingly, the substantive sentence of imprisonment alone is suspended pending disposal of the criminal appeal and the petitioners are ordered to be enlarged on bail on the following conditions:- i. The petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Sessions Judge, Special Court for trial of cases under SC/ST (POA) Act, Theni. ii. The petitioner in Crl.M.P.(MD)No.3371 of 2026 shall report before the learned Sessions Judge, Special Court for trial of cases under SC/ST (POA) Act, Theni, on the first working day of every three months, commencing from 01.04.2026, at 10.30 a.m., till the disposal of the appeal.

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iii. The petitioner in Crl.M.P.(MD)No.3475 of 2026 shall report before the Inspector of Police, Andipatti Police Station, Theni District, daily at 10.30 a.m., till the disposal of the appeal. iv. The petitioners shall file affidavits of undertaking before the learned Judge that they will not involve in any offence in future. v. In the event, if the petitioners have violated any of the above conditions, it is open to the respondent police to file an application to cancel the bail granted to them. 23.03.2026 mbi To 1.The learned Sessions Judge, Special Court for trial of cases under SC/ST (POA) Act, Theni.

2.The Deputy Superintendent of Police, Andipatti Police Station, Theni.

3.The Inspector of Police, Andipatti Police Station, Theni.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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B.PUGALENDHI, J., mbi Crl.MP(MD) Nos.3371 & 3475 of 2026 in Crl.A(MD) Nos.221 & 229 of 2026 23.03.2026 6/6