Thalavai v. The State of Tamilnadu

ORDER (Order of the Court was made by G.K.ILANTHIRAIYAN, J.) Seeking suspension of the sentence imposed on the petitioner by the learned Sessions Judge, Special Court for Trial of Cases under SC/ST (POA) Act, Thoothukudi vide Judgment dated

24.12.2025 in S.C.No.17 of 2021, he has filed this Criminal Miscellaneous Petition.

¶2The petitioner stands convicted and sentenced as under: Section of Law Sentence of imprisonment Fine amount 302 of IPC To undergo life imprisonment Rs.5,000/- i/d to undergo

three months

Simple Imprisonment 148 of I.P.C To undergo three years rigorous imprisonment --- 120B r/w 302 of I.P.C To undergo life imprisonment Rs.2,000/- i/d to undergo

three months

Simple Imprisonment 3(1)(x) of SC/ST

(POA) Act To undergo two years rigorous imprisonment Rs.1,000/- i/d to undergo three month Simple Imprisonment 3(2)(v) of SC/ST

(POA) Act To undergo life imprisonment Rs.5,000/- i/d to undergo

three months

Simple Imprisonment

¶3Heard the learned counsel on either side and perused the materials available on record.

¶4Considering the period of incarceration undergone by the petitioner and that there are several arguable points and the fact that the appeal is of the year 2026 and the likelihood of the appeal being taken up for final hearing in the near future is also not possible, we are of the opinion that it is a fit case for grant of suspension of sentence to the petitioner.

¶5Accordingly, the Criminal Miscellaneous Petition is allowed and the substantive sentence of imprisonment alone imposed on the petitioner herein is suspended, subject to the following conditions: i. The petitioner is directed to be enlarged on bail on executing a bond for Rs.10,000/- (Rupees Ten thousand only) with two sureties, each for a like sum to the satisfaction of the learned Sessions Judge, Special Court for Trial of Cases under SC/ST (POA) Act, Thoothukudi. 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 passbook to ensure their identity. iii. The petitioner shall stay at Thirvallur District and shall appear and sign before the Inspector of Police, Periyapalayam Police Station, Thiruvallur, daily thrice i.e.,

08.30 a.m., 02.00 p.m., and 7.30 p.m., till the disposal of the Criminal Appeal. [G.K.I.J.,] & [R.P.J.,]

18.02.2026 Index :Yes/No Internet :Yes apd To

1.The Sessions Judge, Special Court for Trial of Cases under SC/ST (POA) Act, Thoothukudi

2.The Central Prison, Madurai.

3.The Deputy Superintendent of Police Srivaikundam Sub Division Srivaikundam Police Station Thoothukudi District

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

G.K.ILANTHIRAIYAN, J. AND

R.POORNIMA, J. apd in Crl.A(MD)No.243 of 2026

18.02.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.02.2026 CORAM: THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA in Crl.A(MD)No.243 of 2026 Thalavai ... Petitioner/Appellant Vs. 1. The State represented by, The Deputy Superintendent of Police Srivaikundam Sub Division Srivaikundam Police Station Thoothukudi District Crime No.102/2015 2.Gurumoorthy ... Respondents/Respondents PRAYER: Petition filed under Section 430(1) of BNSS, under Section 389 of Cr.P.C. to suspend the sentence passed by the learned Special Court for Trial of Cases under SC/ST (POA) Act, Thoothukudi in S.C.No.17 of 2021 dated 24.12.2025 and enlarge the petitioner/appellant/accused No.2 on bail pending disposal of above criminal appeal. For Petitioner : Mr.R.Balachandran For R1 : Mr.R.Meenaksh Sundaram Additional Public Prosecutor For R2 : Mr.Gurumoorthy (Party-in-person)