Manigandan vs The State Represented By The Inspector ...
2026 Latest Caselaw 1856 Mad

Citation : 2026 Latest Caselaw 1856 Mad
Judgement Date : 15 April, 2026

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Madras High Court

Manigandan vs The State Represented By The Inspector ... on 15 April, 2026

Author: A.D.Jagadish Chandira

Bench: A.D.Jagadish Chandira

                                                                               Crl.M.P.No.6120 of 2026

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 15.04.2026

                                                       CORAM:

                         THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA

                                               Crl.M.P.No.6120 of 2026
                                               in Crl.A.No.409 of 2026

                 1.     Manigandan
                 2.     Surya                                                ... Petitioners
                                                           Vs.
                 The State represented by,
                 The Inspector of Police,
                 Bagayam Police Station,
                 Vellore District.
                 (Crime No.320 of 2018)                                      ... Respondent

                 PRAYER: Criminal Miscellaneous Petition is filed under Section 430(1) of
                 the Bharatiya Nagarik Suraksha Sanhita, to suspend the sentence imposed
                 against the petitioners dated 13.10.2025 in S.C.No.163 of 2022 on the file
                 of the I Additional District and Sessions Court, Vellore.

                                       For Petitioners :   Mr.D.Balaji
                                       For Respondent :    Ms.J.R.Archana
                                                           Government Advocate (Criminal Side)
                                                      ORDER

This Criminal Miscellaneous Petition has been filed seeking

suspension of sentence of imprisonment, imposed by the learned I

Additional District and Sessions Judge, Vellore, in S.C.No.163 of 2022,

vide judgment dated 13.10.2025.

https://www.mhc.tn.gov.in/judis

2. The conviction and sentence imposed against the

petitioners/appellants, vide impugned judgment are as follows:-

Under Section Sentence 3(1) of the Tamil Nadu one year rigorous imprisonment and Property (Prevention of fine of Rs.5,000/-, in default, to Damage and Loss) Act, undergo one month simple 1992 imprisonment.

3. The submissions of the learned counsel appearing for the

petitioners/appellants are as follows:-

3.1. The petitioners/appellants are innocent and they are

no way connected with the case.

3.2. There are arguable points available in the Criminal

Appeal, which is unlikely to be taken up for final hearing in the near future

and the petitioners/appellants have a fair chance of succeeding in the

appeal.

3.3. The second petitioner has been suffering

incarceration in the Central Prison, Vellore. Hence, the sentence imposed on

the petitioners/appellants may be suspended and they may be enlarged on

bail.

4. Learned Government Advocate (Criminal Side) appearing

for the respondent opposed for grant of suspension of sentence stating that

https://www.mhc.tn.gov.in/judis

the petitioners/appellants intercepted the Government bus, abused the driver

and by pelting stones at the windshield of the bus and caused damage

assessed at Rs.8,300/-. She further submitted that the trial Court, after

taking into consideration the oral and documentary evidence produced by

the prosecution, rightly found the petitioners/appellants guilty and convicted

and sentenced them, as stated above. She also submitted that seven previous

cases registered against the first petitioner were disposed of and two out of

three previous cases are pending against the second petitioner.

5. Heard the learned counsel for the petitioners/appellants and

the learned Government Advocate (Criminal Side) appearing for the

respondent and perused the materials on record including the counter filed

by the respondent police.

6. Considering the facts and circumstances of the case and

also the submissions made by the learned counsel on either side, this Court

is of the view that the sentence of imprisonment can be suspended and the

petitioners/appellants can be granted bail on certain conditions.

Accordingly, pending disposal of the appeal, the sentence is suspended and

the petitioners/appellants are enlarged on bail, subject to the following

conditions:-

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“(i) The petitioners/appellants shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties, each for a like sum to the satisfaction of the learned I Additional District and Sessions Judge, Vellore;

(ii) The petitioners/appellants shall appear before the trial Court on the first working day of every English calendar month at 10.30 a.m., until further orders.”