Selvakumar @ Kumar v. The State Represented by Deputy Superintendent of Police

ORDER The case is listed for Suspension of the Sentence imposed on the Petitioner/Appellant by the trial Court in its Judgment dated 30.03.2026 in Spl.S.C.No.13 of 2026 by the Sessions Court, Special Court for Exclusive Trial of Cases registered under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities), Act, 1989 and enlarge the Petitioner/Appellant on bail pending disposal of the above Criminal Appeal.

¶2Since the case also involved conviction of the Petitioner under the provisions of SC and ST (POA) Act, notice was ordered on the Defacto complainant which has been served and the name of the Defacto complainant is also printed in the Cause-list. Despite the same, there is no representation on behalf of the Defacto Complainant. Page2 of 7

¶3In this Appeal, the Petitioner has challenged the impugned Judgment of the trial Court, whereby, the Petitioner has been convicted for the following offences: Under Section Sentence 146 of BNS Simple imprisonment for one year 4 of Tamil Nadu Prohibition of Harassment of Women Act Rigorous imprisonment for three years and fine of Rs.1,000/- , in default, to undergo six months Rigorous imprisonment. 16 of Bonded Labour System Abolition Act, 1976 Rigorous imprisonment for three years and fine of Rs.1,000/- , in default, to undergo six months Rigorous imprisonment. 17 of Bonded Labour System Abolition Act, 1976 Rigorous imprisonment for three years and fine of Rs.1,000/- , in default, to undergo six months Rigorous imprisonment. 18 of Bonded Labour System Abolition Act, 1976 Rigorous imprisonment for three years and fine of Rs.1,000/- , in default, to undergo six months Rigorous imprisonment. 3(1)(h) of SC & SC (POA) Act, 1989 Simple imprisonment for One year and fine of Rs.1,000/- , in default, to undergo three months Simple imprisonment.

¶4The punishment undergone by the Petitioner is for a maximum period of three years and the detention already undergone was ordered to be set off in terms of Section 468 of BNSS.

¶5The learned counsel for the Petitioner/Appellant submitted that the petitioner/appellant was granted bail during trial and he has not misused the Page3 of 7 liberty granted to him and he has no bad antecedents. Hence, he prayed that the sentence imposed on the petitioner may be suspended and he may be enlarged on bail.

¶6The learned Government Advocate (Criminal Side) appearing for the respondent submits that the trial Court, after taking into consideration the oral and documentary evidence produced by the prosecution, rightly found that the Petitioner/Appellant guilty and convicted and sentenced him, as stated above. However, he opposed for granting suspension of sentence.

¶7Heard the learned counsel for the Petitioner/Appellant and the learned Government Advocate (Criminal Side) appearing for the respondent and perused the materials on record.

¶8There are arguable points available in the Criminal Appeal, which is unlikely to be taken up for final hearing in the near future. The Petitioner/Appellant appears to have a fair chance to succeed in the above appeal. It appears that the trial Court has also suspended the sentence and the Petitioner has also paid the fine amount. Page4 of 7

¶9Considering the nature of offences and the plausible case that has been made out in this Petition for Suspension of Sentence, I am inclined to grant the reliefs of suspension of sentence and bail imposed on the Petitioner/Appellant. Accordingly, pending disposal of the appeal, the substantive sentence of imprisonment alone is suspended and the petitioner/appellant is enlarged on bail, subject to the following conditions:- " (i) The Petitioner/Appellant shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) , with two sureties, each for a like sum to the satisfaction of the Special Court for Exclusive Trial of Cases registered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities ) act, 1989 , Villupuram;

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

¶10Accordingly, the Criminal Miscellaneous Petition stands ordered. 24-06-2026 VV Page5 of 7 To

¶1The Special Court for Exclusive Trial of Cases registered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities ) act, 1989 , Villupuram

¶2The Deputy Superintendent of Police, Gingee Sub Division.

¶3The Public Prosecutor, High Court of Madras, Chennai.

Page6 of 7 CRLoMPoNo.o7801oofo2026 C.SARAVANAN,oJ. VV CRLoMPoNo.o7801oofo2026 24-06-2026 Page7oofo7

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-06-2026 CORAM THE HON'BLE MR JUSTICE C. SARAVANAN in Crl.A.No.558 of 2026 Selvakumar @ Kumar S/o.Sellappan, Residing at Kurichi Village, Vazhappadi Taluk, Salem District. ..Petitioner(s) Vs The State Represented by Deputy Superintendent of Police Gingee Sub Division. ..Respondent(s) Prayer: Criminal Miscellaneous Petition filed under Section 430(1) r/w 483 of BNSS, to suspend the sentence of imprisonment imposed in the Judgment in Spl.S.C.No. 13/2025 dt. 30.03.2026 on the file of the Sessions Judge, Special Court for Exclusive Trial of Cases registered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities ) act, 1989 , Villupuram and enlarge the petitioner on bail pending disposal of the above Criminal Appeal. Page1 of 7 For Petitioner(s): N.Umapathi For Respondent(s): M.Mohamed Riyaz, Govt. Advocate(Criminal Side) No Appearance for Defacto complainant