K.Panjavarnam Vs The State of Tamilnadu, Rep. by The Deputy Superintendent of Police

Prayer in CRL MP(MD).17489 of 2025 : This Criminal Miscellaneous Petition filed under Section 430(1) B.N.S.S. praying to suspend the sentence imposed on the petitioner by judgment dated 10.10.2025 made in Spl.S.C.No.64 of 2018 passed by the Sessions Judge, Special Court for Exclusive Trial cases registered under SC/ST (POA)

¶16

1/4

¶17

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

¶18

CrlMP(MD)No.17489 of 2025 in CrlA(MD)No.1232 of 2025

¶19

Act, Ramanathapuram, and to enlarge the petitioner on bail pending disposal of the above criminal appeal.

¶20

Prayer in CRL A(MD).1232 of 2025 : This Criminal Appeal filed under Section 415(2) B.N.S.S. praying to call for records pertaining to the order of conviction in Spl.S.C.No. 64 of 2018 dated 10.10.2025 passed by the Sessions Judge, Special Court for Exclusive Trial cases registered under SC/ST (POA) Act, Ramanathapuram and set aside the same by allowing the appeal.

¶21

For Petitioner: Mr.M.Jothi Basu for Mr.T.Villavan Kothai

¶22

For Respondents: Mr.K.Gnanasekaran, Government Advocate (Criminal Side) for R1 & R2

¶23

R3 - party-in-person

¶24

ORDER

¶25

This Criminal Miscellaneous Petition has been filed to suspend the sentence of imprisonment imposed on the petitioner / sole accused by the learned Sessions Judge, Special Court for Exclusive Trial cases registered under SC/ST (POA) Act, Ramanathapuram, in Spl.S.C.No.64 of 2018 dated 10.10.2025, till the disposal of the appeal.

¶26

When the matter was taken up for hearing on 20.11.2025, this Court, considering the submissions made by the learned counsel appearing for the petitioner that the trial Court has already suspended the sentence imposed on the petitioner till

¶27

2/4

¶28

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

¶29

CrlMP(MD)No.17489 of 2025 in CrlA(MD)No.1232 of 2025

¶30

07.11.2025, suspended the sentence till 27.11.2025 and ordered notice to the third respondent / defacto complainant and adjourned the matter to 27.11.2025.

¶31

When the matter is taken up today (27.11.2025), in response to the notice received, the third respondent / defacto complainant appeared in person before this Court and raised objections to grant suspension of sentence.

¶32

This Court has carefully considered the rival contentions putforth by either side and also perused the materials available on record.

¶33

The learned counsel appearing for the petitioner would point out certain infirmities and inconsistencies in this case and also certain contradictions in material particulars. The fact remains that there are arguable points involved in this criminal appeal and further the criminal appeal is not likely to be taken up for final hearing in the near future and as such, this Court is of the considered view that the petitioner herein is entitled to the relief of grant of suspension of sentence.

¶34

In the result, the Criminal Miscellaneous Petition is ordered . Accordingly, the relief of suspension of sentence is granted to the petitioner on the following conditions :

¶35

3/4

¶36

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

¶37

CrlMP(MD)No.17489 of 2025 in CrlA(MD)No.1232 of 2025

¶38

(i) the bond executed by the petitioner and sureties for interim

¶39

suspension of sentence shall stand extended for suspension of sentence and the petitioner shall file affidavits from the sureties, confirming their willingness to continue as sureties; and

¶40

(ii) the petitioner shall appear before the trial Court on the first and

¶41

third Monday of every month at 10.30 a.m., until further orders and if he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 355 B.N.S.S. and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court.

27-11-2025

CSM

To