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Madras High CourtCRL MP(MD)/6751/2026ordered

Pradeepraj v. The State Of Tamilnadu

2026-06-09Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.06.2026

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI in Crl A(MD)No.500 of 2026 Pradeepraj

...Petitioner

Vs 1.The State of Tamil Nadu, rep by The Deputy Superintendent of Police, Thirvaiyaru Sub Division, Thogur Police Station, Thanjavur district.

[Crime No.26 of 2023] 2.Rajendran ... Respondents PRAYER: Petition filed under Section 430 of Bharatiya Nagarik Suraksha Sanhita, to suspend the sentence imposed on the petitioner by the I Additional District and Sessions Judge (PCR), Thanjavur in SplSC.No.59 of 2023 dated 05.03.2029 and enlarge the petitioner on bail pending disposal of the criminal appeal.

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For Petitioner : Mr.M.Jegadeesh Pandian For Respondent : Mrs.V.Moushica, No.1 Government Advocate For Respondent : No representation No.2

ORDER

The petitioner is the sole accused in SplSC.No.59 of 2023 on the file of the I Additional District and Sessions Judge (PCR), Thanjavur. By judgment dated 05.03.2026, the petitioner was found guilty, convicted and sentenced to undergo six months simple imprisonment with a fine of Rs.1,000/-, in default to undergo two months simple imprisonment for the offence under Section 3(1)(r)(s) of the SC/ST (POA) Act and sentenced to undergo two years rigorous imprisonment with a fine of Rs.4,000/-, in default to undergo two months simple imprisonment for the offence under Section 326 IPC. As against the conviction and sentence imposed by the trial Court, the petitioner has filed an appeal in CrlA(MD)No.379 of 2026 along with this petition to suspend the sentence imposed on him by the trial court. The appeal has been admitted by this Court on 30.03.2026.

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2.The trial court by order dated 05.03.2026 in CrlMP.No.193 of 2026 in SSC No.59 of 2023 suspended the sentence for a period of one month enabling the petitioner to prefer an appeal as against the judgment dated 05.03.2026. This court while entertaining the appeal filed by this petitioner has considered the suspension of sentence granted by the trial court and extended it for a period of one month and also ordered notice to the 2nd respondent. The 2nd respondent is served and his name is also printed. However there is no representation for the 2nd respondent. The interim order has also been periodically extended. 3.The learned counsel for the petitioner submits that the petitioner has also sustained injuries and he has lodged a complaint, however it has not been registered. The injuries sustained by the petitioner has not been considered by prosecution and also by the trial court. 4.The learned Government Advocate submits that the trial court has considered the prosecution evidence and rightly convicted the petitioner.

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5.This Court has considered the rival submissions made and perused the materials placed on record.

6.The petitioner has raised certain arguable points which can be appreciated only during the final hearing of the appeal. However appeal could not be taken up immediately for final hearing. Considering the period of sentence and that the appeal could not be taken up immediately for final hearing, this petition is allowed and the substantive sentence of imprisonment imposed on the petitioner alone is suspended pending disposal of the criminal appeal on the following conditions: (i) The petitioner is ordered to be enlarged on bail on executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand) with two sureties each for a like sum to the satisfaction of the learned I Additional District and Sessions Judge (PCR), Thanjavur.

(ii) The petitioner and the sureties shall file an affidavit before the respondent police that the petitioner will not misuse this liberty and will not indulge in any further offence pending the appeal. (iii) The petitioner shall report before the trial court on the first working day of every month.

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(iv)If the petitioner changes his residence, it shall be informed to the respondent police immediately.

(v)If the petitioner violates any of the conditions, the respondent police shall move an application to cancel the order of suspension of sentence of imprisonment.

09.06.2026 DSK To 1.I Additional District and Sessions Judge (PCR), Thanjavur.

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

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B.PUGALENDHI.J., DSK in Crl A(MD)No.379 of 2026 09.06.2026 6/6