Chidambarathan Alias Ramachandiran Vs State By

PRAYER: Criminal Miscellaneous Petition has been filed under Section 430(1) of BNSS, 2023 praying to suspend the execution of the sentence passed in S.C.No.18 of 2023 on the file of the learned Principal District & Sessions

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

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Crl.M.P.No.2272 of 2026 in Crl.A.No.157 of 202 6

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Judge, Cuddalore and release the petitioners / appellants / accused on bail pending disposal of the Criminal Appeal.

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For Petitioner : Mr.Ramprakash Rajagopal For Respondent : Mr.S.Balaji, Government Advocate (Crl.Side)

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O R D E R

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This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed on the petitioner by judgment dated 19.11.2025 passed in S.C.No.18/2023 by the learned Principal District and Sessions Judge (Trial Judge) at Cuddalore, pending disposal of the above criminal appeal and enlarge the petitioner on bail.

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2. The petitioners in S.C.No.18/2023 were convicted by the Trial Court

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by the judgment dated 19.11.2025 as tabulated below:

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Accused	Offences	Punishment
F irst	Section 341, 294(b), 352 and	To undergo simple imprisonment
accused	506(i) IPC and Section 92(a) of the Rights of Persons with	for one month and fine of Rs.500, in default to pay fine to undergo
	Disabilities Act, 2016	simple imprisonment for a period
		of one week for offence under
		Section 341 IPC, to undergo
		simple imprisonment for three
		months and fine of Rs.500, in
		default to pay fine to undergo

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simple imprisonment for a period of one week for offence under Section 294(b) IPC, to undergo simple imprisonment for three months and fine of Rs.500, in default to pay fine to undergo simple imprisonment for a period of one week for offence under Section 352 IPC, to undergo simple imprisonment for two years and fine of Rs.1000, in default to undergo simple imprisonment for a period of one month for offence under Section 506(i) IPC, to undergo simple imprisonment for four years and fine of Rs.1000, in default to pay fine to undergo simple imprisonment for a period of one month for offence under Section 92(a) of the Rights of Persons with Disabilities Act, 2016. Second Section 352, 506(i) of IPC To undergo simple imprisonment accused for three months and fine of Rs.500, in default to pay fine to undergo simple imprisonment for a period of one week for offence under Section 352 IPC and to undergo simple imprisonment for two years and fine of Rs.1000, in default to pay fine to undergo simple imprisonment for a period of one month for offence under Section 506(i) IPC. Third Section 294(b), 352, 355 andT o undergo simple imprisonment accused for three months and fine of 506(i) IPC Rs.500, in default to pay fine to undergo simple imprisonment for a period of one week for offence

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under Section 294(b) IPC, to undergo simple imprisonment for three months and fine of Rs.500, in default to pay fine to undergo simple imprisonment for a period of one week for offence under Section 352 IPC, to undergo simple imprisonment for two years and fine of Rs.1,000, in default to pay fine to undergo simple imprisonment for a period of one month for offence under Section 355 IPC and to undergo simple imprisonment for two years and fine of Rs.1,000, in default to pay fine to undergo simple imprisonment for a period of one month for offence under Section 506(i) IPC.

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Aggrieved by the same, the petitioners have filed Crl.A.No.157 of 2026 before this Court along with the instant criminal miscellaneous petition seeking suspension of sentence and bail.

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The case of the prosecution is that the first petitioner had wrongfully restrained the de facto complainant and demanded money for consuming alcohol; when the de facto complainant refused to part with any money, the first petitioner abused the de facto complainant in filthy language and humiliated him because of his disability and attacked him; that the second and

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third petitioner also attacked with hands and abused him in filthy language and thus committed the offence.

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Mr.Ramprakash Rajagopal, the learned counsel for the petitioners, would submit that the allegations are false; that in any case the sentence imposed on the petitioner is excessive and that the petitioners have made out the substantial grounds in the above appeal which requires consideration.

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Mr.S,Balaji, the learned Government Advocate (Crl.side), per contra, submitted that the second petitioner died on 14.02.2026.

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It is seen that the sentence imposed on the third petitioner has been suspended by the trial Court as she was sentenced for two years imprisonment. The first petitioner is in custody from 19.11.2025. The petitioners have raised substantial grounds in the above appeal which requires consideration.

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Considering the fixed sentence imposed on the petitioners and since

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the appeal is not likely to be taken up in the near future, this Court is inclined to suspend the sentence imposed on the petitioners 1 and 3.

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Crl.M.P.No.2272 of 2026 in Crl.A.No.157 of 202 6

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8. Accordingly, this criminal miscellaneous petition stands allowed and

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the sentence imposed on the petitioners 1 and 3 is suspended till the disposal of the above criminal appeal and the petitioners 1 and 3 are ordered to be released on bail on the following conditions:

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(i)The petitioners 1 and 3 shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties, each for a like sum to the satisfaction of the Principal District and Sessions Judge (Trial Judge) at Cuddalore ;

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(ii)The petitioners 1 and 3 and 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 and mobile numbers to ensure their identity; and

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(iii)The petitioners 1 and 3 shall appear before the Trial Court on the first working day of every month at 10.30 a.m. until the disposal of the appeal and if they are not able to appear before the Trial Court on any day, they shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the Trial Court on any other day in lieu of the date of their absence, as directed by the Trial Court.

18.02.2026

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To