Vijay v. State Of Tamilnadu Rep By Inspector Of Police, Srirangam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 20.04.2026

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR JUSTICE K.K. RAMAKRISHNAN in Crl.A(MD).No.270 of 2026

1. Vijay S/o.Pazhanivel 13A New Street Amma Mandapam Road Srirangam Trichy.

2. SURESH S/o.Manikkam 21/12 Amma Mandapam Srirangam Trichy.

3. NAVEENKUMAR S/o.Ramu 7/1-3 New Street Amma Mandapam Road Srirangam Trichy.

(Presently Confined at Central Prison Trichy) Petitioner(s) Vs

1. State Of Tamilnadu Rep By Inspector Of Police, Srirangam Police Station Trichy City.

Crime No.854/2024.

Respondent(s) 1/6

For Petitioner(s): Mr.T.Leninkumar For Respondent(s): Mr.E.Antony Sahaya Prabahar Addl. Public Prosecutor Prayer: C-60.To Suspend the sentence imposed upon the petitioners by the Principal District and Sessions Judge, Trichy in SC No.203 of 2024 dated 29.01.2026 pending disposal of the Criminal appeal and pass such further or other orders as this Honble Court.

O R D E R

(Order of the Court was made by N.Anand Venkatesh J.) This petition has been filed by the accused persons seeking suspension of substantive sentence of imprisonment imposed on them in S.C. No. 203 of 2024 dated 29.01.2026 on the file of the Principal District and Sessions Judge, Trichy.

2. This petition is dismissed as withdrawn insofar as the first and 2nd petitioners are concerned.

3. The case of the prosecution is that A1 to A3 are friends and they decided to go to Cauvery river and at about 7.00 p.m., they along with two juveniles went to Cauvery river. At that point of time, A2 questioned PW2 and the deceased as to why they have come to that place and the 2/6

answer that was given by them resulted in the accused persons attacking PW2 and the deceased with wooden log and hands. The deceased succumbed to the injuries.

3. Based on the complaint given by PW1, an FIR came to be registered in Crime No.854/2024 for offences under Sections 191(2), 296(b) and 103(2) of BNS, 2023.

4. Even though there are five accused persons in this case since two of the accused persons were juvenile, they were separately tried before the Juvenile Justice Board. Hence A1 to A3 faced trial before the Court below.

5. The trial Court, on considering the facts and circumstances of the case and on appreciation of evidence, came to the conclusion that the prosecution has proved the case beyond reasonable doubts and accordingly convicted and sentenced the accused persons. A3 was convicted for offence under Section 103(2) of BNS and was sentenced to undergo life imprisonment and to pay a fine of Rs.1,000/- in default to undergo one month rigorous imprisonment. Aggrieved by the same, the 3/6

present appeal has been filed before this Court.

5. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent.

6. Taking into consideration the facts and circumstances of the case and considering the manner in which the entire incident had taken place and taking note of the fact that the deceased and PW2 were attacked with wooden log and hands and also taking note of the fact that the third petitioner/A3 has one previous case against him of the year 2020 and he is undergoing sentence from January 2026 and the fact that it will take some more time for this Court to consider the appeal on merits, this court is inclined to suspend the substantive sentence of imprisonment imposed on the third petitioner alone pending appeal.

7. Accordingly, this Criminal Miscellaneous Petition is partly allowed, subject to the following conditions: (i) The 3rd petitioner shall execute a bond for a sum of Rs.25,000/-, with two sureties, of whom, one should be a blood relative, for a like sum to the satisfaction of the Principal District and Sessions Court, Trichy; 4/6

(ii) The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; and (iii) The third petitioner shall appear before the Trial Court on the first working day of every month at 10.30 a.m. pending disposal of the criminal appeal, and (iv) This petition is dismissed as withdrawn insofar as the petitioners 1 and 2 are concerned.

[N.A.V., J.] & [K.K.R.K., J.] 20.04.2026 RR To

1. The Principal District and Sessions Court, Trichy 2.The Inspector of Police, Srirangam Police Station, Trichy District.

3.The Superintendent of Prisons, Central Prison, Trichy.

4. The Additional Public Prosecutor, 5/6

Madurai Bench of Madras High Court, Madurai.

N.ANAND VENKATESH,J.

and K.K. RAMAKRISHNAN ,J.

RR in Crl.A(MD).No.270 of 2026 Date : 20.04.2026 6/6