Allowed¶33

S.Paneerselvam v. The State Rep. by

Madras HC5 Feb 2026CRL MP(MD)/10956/2025

Case brief

AI extract

What is this about?

Exemption from surrender; revival of suspended sentence; suspension of sentence cancelled for non-cooperation and protraction of appeal; undertaking by Senior Counsel to argue appeal on any day; Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023; conviction in Spl.Case No.1 of 2019 dated 04.10.2023; Crl.A.(MD) No.966 of 2023; Crl.M.P.(MD) No.15269 of 2023; Directorate of Vigilance and Anti-Corruption Trichy Crime No.1/2003; Principal District and Sessions Judge Tiruchirappalli; Madras High Court; interim relief pending criminal appeal.

What did the court decide?

Revival of the order dated 03.11.2023 granting suspension of sentence, exempting the petitioners from surrender pending disposal of the criminal appeal; matter directed to be listed on 26.02.2026 due to paucity of time. ¶33

S.Paneerselvam Vs The State Rep. by — Madras HC (2026) — LawSathi Research

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Crl.M.P.(MD)No.10956 of 2025 in Crl.A.(MD) No.966 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 05.02.2026

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CORAM

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THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA

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Crl.M.P.(MD)No.10956 of 2025 in Crl.A.(MD) No.966 of 2023

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S.Panneerselvam, S/o. Senkutuvan, No.1/23, No.1/24, Velakurichi, Manapparai Taluk, Trichy.

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2.S.Sakthivel, S/o. Senkutuvan, No.1/23, No.1/24, Velakurichi, Manapparai Taluk, Trichy.

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3.R.Meenakshi D/o. late Rajalingam, No.7, Chinnakuyavar Palayam, Nellithoppu, Pondichery.

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Valli

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W/o. Palanichamy, No.1/168, Velakurichi, Manapparai Taluk, Trichy. … Petitioners

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Vs.

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1.The State represented by

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The Deputy Superintendent of Police, Directorate of Vigilance and Anti-Corruption Trichy. Crime No.1/2003.

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Respondent

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PRAYER: Criminal Miscellaneous Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 to grant an exemption for the petitioners to surrender pursuant to the conviction in Spl.Case No.1 of 2019 by the Principal District and Sessions Judge, Tiruchirappalli by judgment dated 04.10.2023 pending disposal of the criminal appeal.

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

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Crl.M.P.(MD)No.10956 of 2025 in Crl.A.(MD) No.966 of 2023

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For petitioners : Mr.R.John Sathyan, Senior Advocate, Assisted by Mr.S.Ramsundarvijayaraj

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For Respondent(s): Mr.K.M.D.Muhilan, Additional Public Prosecutor

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ORDER

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This Criminal Miscellaneous Petition is filed seeking to grant exemption for the petitioners from surrendering pursuant to the conviction in Spl.Case No.1 of 2019 by the Principal District and Sessions Judge, Tiruchirappalli by judgment dated 04.10.2023 pending disposal of the criminal appeal.

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2.Mr.R.John Sathyan, learned Senior Advocate, appearing for the

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petitioners/appellants would submit that the typed set of papers was made ready only on 23.06.2025 and was received by the learned counsel on 01.07.2025 and the case was adjourned to 01.08.2025. Since the records are voluminous, the petitioners were unable

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to get ready with the appeal within the limited time frame and hence, they sought adjournment on that day, whereas this Court, holding that the petitioners are not cooperating for the disposal of Crl.A.(MD) No.966 of 2023, had cancelled the suspension of sentence granted to the petitioners in Crl.M.P.(MD) No.15269 of 2023 on 03.11.2023. He would further submit that it is not the intention of the petitioners to drag on the proceedings and they are ready to argue the appeal on any day fixed by this Court.

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

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Crl.M.P.(MD)No.10956 of 2025 in Crl.A.(MD) No.966 of 2023

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3.This Court, had earlier granted suspension of sentence on 03.11.2023 in

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Crl.M.P.(MD) No.15269 of 2023 and the same was cancelled by this Court on 01.08.2025 on the ground that after obtaining suspension of sentence, the appellants are protracting the appeal and they have also not co-operated for the disposal of the same.

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4.Today, the learned Senior Counsel appearing for the petitioners/appellants

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undertook to proceed with the appeal on any day fixed by this Court.

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5.In view of the undertaking given by the learned Senior Counsel, the order dated

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03.11.2023 granting suspension of sentence to the petitioners stands revived.

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6.Due to paucity of time, list the matter on 26.02.2026.

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05.02.2026