[Cites 2, Cited by 0]
Madras High Court
Sivakumar vs State Rep. By, The Deputy ... on 7 May, 2026
CRL MP No. 8456 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-05-2026
CORAM
THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI
CRL MP No. 8456 of 2026
IN
CRL A NO. 625 OF 2026
1. Sivakumar
S/o.Vadivel,
No.167/1, Main Road,
Karuthuvampadi Village,
Tiruvannamalai Taluk and District.
2. Gokula Krishnan
S/o.Vadivel,
No.167/1, Main Road,
Karuthuvampadi Village,
Tiruvannamalai Taluk and District.
3. Panneerselvam
S/o.Vadivel,
No.167/1, Main Road,
Karuthuvampadi Village,
Tiruvannamalai Taluk and District.
… Petitioners /
Appellants / A1 to A3
Vs
1. State rep. by, The Deputy Superintendent of
Police,
Tiruvannamalai Division,
Tiruvannamalai Taluk Police Station,
Crime No.810/2019.
2. Munusamy
S/o.Krishnamoorthy,
No.66, Ambethkar 1st Street,
Karunthuvampdi Colony,
Kolakka Ravadi Post,
Tiruvannamalai Taluk and District.
..Respondent(s)
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CRL MP No. 8456 of 2026
Prayer : Criminal Miscellaneous Petition is filed under Section 430 (ii) of
Bharatiya Nagarik Suraksha Sanhita, to suspend the sentence and enlarge the
petitioners on bail in respect of the Judgment passed by the Learned Special
Sessions Judge for SC/ST Prevention of Atrocities Act Tiruvannamalai in
Special SC.No.6/2020 dated 09.04.2026 pending disposal of the main Criminal
Appeal and thus render justice.
For Petitioner(s): M/s.T.Shanmugam
P.K.HarinathBabu
K.G.Sripathi
S.Sivasakthi
For Respondent(s): Mr.A.Damodaran
Additional Public Prosecutor
ORDER
This Criminal Miscellaneous Petition has been filed seeking suspension
of sentence of imprisonment, imposed by the Learned Special Sessions Judge
for SC/ST Prevention of Atrocities Act Tiruvannamalai in Special
SC.No.6/2020, vide judgment dated 09.04.2026.
2. The conviction and sentence imposed against the
petitioners/appellants, vide impugned judgment is as follows:-
S.No. Name of the Under Section Sentence
petitioner /
Accused
1. A1-Sivakumar 323 IPC ans Sec.3(2) Sentenced to undergo
(va) of SC/ST (POA) 6 months simply
Act 1989 imprisonmnet fine of
Rs.1000/- and in
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defalut to pay fine he
shall undergo 1 month
simple imprisonment
2. A2- 323 (2 counts) IPC Sentenced to undergo
Gokulakrishnan and Sec. 3(2) (va) of 6 months simple
SC/ST (POA) Act imprisonment for
1989 each count. Fine of
Rs.2000/- and in
default 1 month
simple imprisonment
3. A3-Panneer 325 IPC and Sec 3(2) Sentenced to undergo
Selvam (va) of SC/ST (POA) 1 year simple
Act 1989 imprisonment. Fine of
Rs.10,000/- and in
default 2 months
simple imprisonment.
3. The case of the prosecution is that there was previous enmity
between the defacto complainant and the accused regarding panchyath
elections. Due to the aforesaid enmity on 25.11.2019, when the defacto
complainant was siting at his house along with his family members, the accused
1 to 3 / petitioners, armed with knife and Iron rod, came there, abused the
defacto complainant in filthy language by calling his community name, and
attempted to assault him with the knife. During the assault, the defacto
complaint sustained injuries and hence, a case was registered under the SC / ST
cases in Special sessions Case No.6 of 2020, vide judgement dated 09.04.2026,
passed by the Learned Special Sessions Judge for SC/ST Prevention of
Atrocities Act Tiruvannamalai, the petitioners/ accused were convicted as
stated above. Aggrieved by the said conviction and sentence,
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Petitioners/Accused have preferred the present Criminal Appeal along with this
Criminal Miscellaneous Petition. Hence the case.
4. The learned counsel for Petitioners/Accused submitted that there are
arguable points available in the Criminal Appeal which is not likely to be taken
up for final hearing in the near future. He further submitted that
Petitioners/Accused has a fair chance of succeeding in the Criminal Appeal
Case and Petitioners/Accused are ready to abide any condition to be imposed
by this Court. Therefore, the learned counsel prayed that the substantive
sentence imposed on Petitioners/Accused may be suspended.
5. Mr.A.Damodaran, learned Additional Public Prosecutor who takes
notice on behalf of the Respondent Police submitted that he has objection for
suspending the sentence of imprisonment imposed on the Petitioners/Accused.
6. Considering the facts and circumstances of the case and having regard
to the submissions made by the learned counsel on either side and also, taking
into consideration of the fact that the Criminal Appeal is not likely to be taken
up for final hearing in the near future, this Court is inclined to suspend the
substantive sentence of imprisonment alone.
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7. Accordingly, till the disposal of present Criminal Appeal, the relief of
suspension of sentence is granted to the Petitioners/Accused, subject to the
following conditions:
(i) The petitioner 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 SC/ST Prevention
of Atrocities Act) Tiruvannamalai.
(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 petitioner shall appear before the learned Sessions
Judge ( Special Court for SC/ST Prevention of Atrocities Act)
Tiruvannamalai, on all working days at 10.30 a.m., until further
orders.
8. This Criminal Miscellaneous Petition is ordered on the above
conditions.
07-05-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
av/mrr
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1. The Learned Special Sessions Judge for SC/ST Prevention of Atrocities Act
Tiruvannamalai
2.The Deputy Superintendent of Police,
Tiruvannamalai, Division,
Tiruvannamalai Taluk Police Station.
3. The Public Prosecutor,
High Court, Madras.
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L.VICTORIA GOWRI, J.
av/mrr
IN
CRL A NO. 625 OF 2026
07-05-2026
(2/2)
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