Periyasamy @ Alagar, Vs The Deputy Superintendent of Police, Virudhunagar, Virudhunagar

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Crl.MP(MD) No.6691 of 2026 in Crl.A(MD) No.376 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED :17.04.2026

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CORAM:

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THE HONOURABLE MR.JUSTICE B.PUGALENDHI Crl.MP(MD) No.6691 of 2026 in Crl.A(MD) No.376 of 2026

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Periyasamy @ Alagar ... Petitioner

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Vs

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State represented by The Deputy Superintendent of Police, Virudhunagar Sub Division, Virudhunagar Rural Police Station, Virudhunagar District. Crime No.38 of 2022

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... Respondent

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Prayer :- This Criminal Miscellaneous Petition is filed under Section 430(1) of BNSS, 2023 to suspend the sentence imposed on the petitioner/appellant/sole accused passed by the learned Special Court for trial of SC/ST (POA) act cases, Virudhunagar District at Srivilliputhur in Spl.SC.No.20 of 2022, dated 20.02.2026 and enlarge the petitioner on bail pending disposal of the criminal appeal.

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

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Crl.MP(MD) No.6691 of 2026 in Crl.A(MD) No.376 of 2026

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For Petitioner	: Mr.M.Jegadeesh Pandian
For R1	: Mr.A.S.Abul Kalaam Azad
	Government Advocate (Crl.side)
For R2	: No appearance

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O R D E R

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The petitioner/sole accused in Spl.SC.No.20 of 2022, on the

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file of the Special Court for trial of SC/ST (POA) act cases, Virudhunagar District at Srivilliputhur was tried for the offence under Sections 294(b) IPC r/w Section 3(1)(r), 3(1)(s) of SC/ST (POA) Act and Section 307 IPC r/w Section 3(2)(v) of SC/ST (POA) Act. The trial Court has found the petitioner guilty, convicted and sentenced

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him as under:-

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Sl.No	Sections	Punishment	Fine amount	Default
	324 IPC r/w	2 years	Rs.1,000/- each	One month
1	3(2)(va) of	Rigorous		simple
.	SC/ST	imprisonment		imprisonment
	(POA) Act	each		each

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As against the conviction and sentence imposed on the petitioner, he

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has already filed an appeal before this Court in Crl.A.No.376 of 2026. Pending the appeal, the petitioner has filed this application for suspension of sentence.

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

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Crl.MP(MD) No.6691 of 2026 in Crl.A(MD) No.376 of 2026

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2.The case of the prosecution is that the petitioner has abused

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the defacto complainant by degrading his caste name, assaulted him with a beer bottle, thereby caused injuries to him.

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3.The learned counsel appearing for the petitioner submits

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that though there are several contradictions in the prosecution evidence, the same has not been properly appreciated by the trial Court. He further submits that this is first application filed by this petitioner and he is prepared to abide by any condition imposed by this Court.

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4.The learned Government Advocate (Crl.side) appearing for

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the first respondent submits that apart from the present case, the petitioner is also involved in the following cases:-

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

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Crl.MP(MD) No.6691 of 2026 in Crl.A(MD) No.376 of 2026

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Sl.No	Name of the Police Station	Crime Nos.	offences
1	VNR Rural	183/2021	8 (c) r/w 20(b)(ii)(a) of NDPS Act r/w 77 of JJ Act
2	Amathur	97/2021	323,324,387,506(i) IPC
3	Srivi Town	448/2022	379 IPC
4	Kallikudi	263/2021	379 IPC
5	Pandhalkudi	80/2022	392 IPC
6	VNR Rural	157/2023	379 IPC
7	VNR Rural	158/2023	380 IPC
8	Srirangam	2546/2023	379 IPC
9	Sellur	238/2024	379, 511 IPC
10	^{NIB CID,} Ramnad	5/2024	8 (c) r/w 20(b)(ii)(a) of NDPS Act
11	^DGL Amayanackanur	230/2024	178, 180, 181,182 of BNS
12	Mallakinarau	37/2025	8 (c) r/w 20(b)(ii)(A) of NDPS Act
13	Maduravayil	255/2025	303(2) of BNS
14	VNR Rural	357/2025	309(4) of BNS (392 IPC)

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

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Crl.MP(MD) No.6691 of 2026 in Crl.A(MD) No.376 of 2026

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Considering the objections of the learned Government

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Advocate (Crl.side) that the petitioner is having bad antecedents, this Court is not inclined to entertain this petition. Accordingly, this Criminal Miscellaneous Petition is dismissed.

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17.04.2026

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Index : Yes/No Internet : Yes/No vrn

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To

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The Deputy Superintendent of Police, Virudhunagar Sub Division, Virudhunagar Rural Police Station, Virudhunagar District.

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