Sakthivel v. 1.State by the The Deputy Superintendent of Police

Crl.M.P.No.21467 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 27.11.2025C O R A MTHE HONOURABLE MR.JUSTICE N.SATHISH KUMARANDTHE HONOURABLE MR.JUSTICE M.JOTHIRAMANCrl.M.P.No.21467 of 2025in Crl.A.No.121 of 2024 Sakthivel... Petitioner-vs-1.State by the The Deputy Superintendent of Police, Thirunavalur Police Station, Ulundurpet Sub-Division,(Crime No.425/2019)

Dinesh... RespondentsPrayer: Petition filed under Section 430 (1) of BNSS to suspend the sentence and grant bail to the petitioner/appellant for the conviction and sentence imposed in S.C.No.38 of 2021 dated 29.12.2023 on the file of the Special Judge, Special Court for Exclusive Trial of cases registered under the SC/ST Act, 1989, Villupuram, pending disposal of the criminal appeal. For Petitioner: Mr.R.Raghul For Mr.C.MunusamyFor R1: Mr.A.Damodaran Addl. Public Prosecutor Assisted by Ms.M.Arifa Thasneem Advocate***** https://www.mhc.tn.gov.in/judis Crl.M.P.No.21467 of 2025

O R D E RThis Criminal Miscellaneous Petition has been filed seeking to suspend the sentence and grant bail to the petitioner/appellant for the conviction and sentence imposed in S.C.No.38 of 2021 dated 29.12.2023 on the file of the Special Judge, Special Court for Exclusive Trial of cases registered under the SC/ST (POA) Act, 1989, Villupuram and enlarge the petitioner on bail, pending disposal of the criminal appeal.\2. Learned Sessions Judge, Special Court for Exclusive Trial of cases registered under the SC/ST (POA) Act, 1989, Villupuram, in S.C.No.38 of 2021, had convicted and sentenced the petitioner as follows: Rank of the AccusedOffenceImprisonmentFineA1Section 294(b) IPCSimple Imprisonment for 3 months-Section 326 IPCRigorous Imprisonment for 10 yearsRs.5,000/- in default to undergo Rigorous Imprisonment for 3 yearsSection 3(1)(r) of SC/ST Act, 1989 Simple Imprisonment for 1 yearRs.1,000/- in default to undergo Simple Imprisonment for another 3 monthsSection 3(1)(s) of SC/ST Act, 1989 Simple Imprisonment for 1 yearRs.1,000/- in default to undergo Simple Imprisonment for another 3 monthsSection 3(2)(v) of Rigorous Rs.5,000/- in default https://www.mhc.tn.gov.in/judis Crl.M.P.No.21467 of 2025 Rank of the AccusedOffenceImprisonmentFineSC/ST Act, 1989 Imprisonment for lifeto undergo Rigorous Imprisonment for 3 years3. Challenging the above conviction and sentence, the petitioner has filed the present criminal Appeal and he seeks suspension of sentence and bail in the present Miscellaneous Petition.

Learned counsel for the appellant / petitioner submitted that the Trial Court has not considered the so-called eyewitnesses, who were examined as P.Ws.1 to 3, as their testimonial are not trustworthy to convict the accused. He further submitted that there is a group clash between two groups of people during the procession of Vinayagar Idol and both sides suffered injuries. P.W.2 deposed that 18 persons assembled unlawfully, A1 attacked him and A2 & A3 caught hold of him, whereas P.W.9 issued the Accident Register (Ex.P6), wherein it has been stated one person has assaulted.

The respondent has filed the counter affidavit. The learned Additional Public Prosecutor, submitted that there are materials against the petitioner/appellant, on the basis of which, the Trial Court https://www.mhc.tn.gov.in/judis Crl.M.P.No.21467 of 2025has convicted the petitioner.

We have heard the rival submissions and perused the entire materials available on record.

There are contradictions in the evidence of eyewitnesses and medical evidence. Though P.W.2 deposed that 18 persons assaulted him, the Medical Officer examined the injured and noted that the injured was assaulted by one person. Hence, this Court is of the view that the petitioner/appellant has made out a prima facie case for suspending the sentence.

Considering the submissions made on either side and taking into account the fact that the Criminal Appeal is not likely to be taken up for final hearing in the near future, this Court is of the view that the substantive sentence of imprisonment alone can be suspended on certain conditions.