Allowed¶29

Vicky @ Vigneshkumar v. State of Tamilnadu, Rep.by

Madras HC23 Jun 2026CRL OP/11569/2026

Case brief

AI extract

What is this about?

Madras High Court; CRL OP No. 11569 of 2026; Section 528 BNSS; suspension of sentence; S.C.No.108 of 2018 / C.A.No.57 of 2026 (Tiruppur); Sections 457 and 395 r/w 397 IPC; parity with co-accused A5; Crl.O.P.No.14010 of 2026 (allowed 22.06.2026); Section 317 Cr.P.C. monthly appearance; bail bond Rs.5,000 with two sureties; impugned order 22.04.2026 set aside; Justice M. Nirmal Kumar.

What did the court decide?

Suspension of the substantive sentence imposed in S.C.No.108 of 2018 till disposal of C.A.No.57 of 2026; petitioner enlarged on bail on a bond of Rs.5,000 with two sureties each for a likesum; monthly appearance before the lower appellate court with Section 317 Cr.P.C. fallback; impugned order dated 22.04.2026 set aside. ¶29

Vicky @ Vigneshkumar Vs State of Tamilnadu, Rep.by — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 22.04.2026 passed in Crl.M.P.No.3 of 2026 in C.A.No.57 of 2026 by the I Additional District and Sessions Judge, Tiruppur, dismissing the petitioner's suspension-of-sentence petition, should be set aside and the sentence imposed in S.C.No.108 of 2018 suspended pending disposal of the appeal.

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Court's answer

On parity grounds - the co-accused/A5's identical suspension-dismissal challenge in Crl.O.P.No.14010 of 2026 having been allowed by this Court on 22.06.2026, and the Government Counsel having acceded to the petitioner's submission - this Court was inclined to allow the present petition 'in the similar lines as that of the earlier order'.

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Ratio / Principle

The substantive sentence of imprisonment imposed on the petitioner by the trial Court in S.C.No.108 of 2018 is suspended till the disposal of C.A.No.57 of 2026 before the lower appellate court, and the petitioner is enlarged on bail on a bond of Rs.5,000/- (Rupees five thousand only) with two sureties each for a likesum; he is further to appear before the lower appellate court on the first working day of every English calendar month commencing July 2026 at 10.30 a.m., failing which he may arrange to file an application under Section 317 Cr.P.C. and appear on another day as directed.

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Key takeaways

The Criminal Original Petition is allowed and the impugned order dated 22.04.2026 in Crl.M.P.No.3 of 2026 in C.A.No.57 of 2026 passed by the I Additional District and Sessions Judge, Tiruppur is set aside.ratio¶29

Detailed headnote1 paragraphs

Criminal Original Petition under Section 528 of BNSS - ALLOWED (M. Nirmal Kumar, J., 23-06-2026). The petitioner (A6), convicted and sentenced in S.C.No.108 of 2018 by the Additional Assistant Sessions Judge (Additional Sub Court), Tiruppur - one year simple imprisonment and Rs.1,000/- fine under Section 457 IPC (default three months simple imprisonment) and seven years rigorous imprisonment under Sections 395 r/w 397 IPC, to run concurrently - had his suspension-of-sentence petition (Crl.M.P.No.3 of 2026 in C.A.No.57 of 2026) dismissed by the I Additional District and Sessions Judge, Tiruppur by order dated 22.04.2026. The High Court set aside that order and suspended the substantive sentence till disposal of the appeal, enlarging the petitioner on bail on a bond of Rs.5,000/- (Rupees five thousand only) with two sureties each for a likesum, directing monthly appearance before the lower appellate court from July 2026 with recourse to Section 317 Cr.P.C. for absent dates. Relief rested on parity with co-accused/A5, whose identical petition (Crl.O.P.No.14010 of 2026) was allowed by this Court on 22.06.2026, and on the Government Counsel's accession to the petitioner's submission.

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CRL OP No. 11569 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 23-06-2026

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CORAM

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THE HON'BLE MR JUSTICE M. NIRMAL KUMAR

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CRL OP No. 11569 of 2026 Vicky @ Vigneshkumar S/o.Marimuthu, 3-2, Maniakaran Pillai Street, Ilanumandhampatti, Uthamapalayam, Theni District.

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..Petitioner(s) Vs State of Tamilnadu, Rep.by The Inspector of Police, Avinashipalayam Police Station, Tiruppur. Cr.No.136/2016.

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..Respondent(s)

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Criminal Original Petition is filed under Section 528 of BNSS to set aside the order 22.04.2026 passed in Crl.MP.No.3/2026 in C.A.No.57/2026 on the file of the I Additional District and Sessions Judge, Tiruppur and suspend the sentence dated 18.12.2025 imposed on the petitioner in S.C.No.108/2018 on the file of Additional Assistant Sessions Judge (Additional Sub Court), Tiruppur.

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For Petitioner(s): Mr.V.M.Venkataramana For Respondent(s): M/S.R. RAJASEKARAN GA (CRL. SIDE)

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__________ Page1 of 6

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

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CRL OP No. 11569 of 2026

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ORDER

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The petitioner / A6 who is convicted by the Trial Court in SC.No.108 of 2018 for the offences punishable under Sections 457 and 395 r/w 397 of IPC and he was sentenced to undergo one year simple imprisonment and to pay a fine of Rs.1,000/- for the offence under Section 457 IPC, in default, to undergo simple imprisonment for three months; sentenced to undergo rigorous imprisonment for seven years for the offence under Section 395 r/w 397 of IPC and the sentence to run concurrently.

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Against the said conviction and sentence, the petitioner had preferred an appeal before the learned I Additional District and Sessions Judge, Tiruppur, in C.A.No.57 of 2026 and suspension of sentence petition in Crl.M.P.No.3 of 2026. The learned I Additional District and Sessions Judge, Tiruppur, by an order dated 22.04.2026 dismissed Crl.M.P.No.3 of 2026. Challenging the said order, the present petition has been filed.

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The learned counsel for the petitioner submitted that the co-accused / A5 in S.C.No.108 of 2018 have filed a similar petition before this Court in Crl.O.P.No.14010 of 2026 to set aside the order of dismissal of the suspension petition and this Court vide order dated 22.06.2026 allowed the said petition by setting aside the order of the lower Appellate Court. Hence, he seeks to allow the present petition and to suspend the sentence of the petitioner.

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__________ Page2 of 6

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

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CRL OP No. 11569 of 2026

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The learned Counsel for Government of Tamil Nadu (Criminal Side) appearing for the first respondent accedes the submission of the learned counsel for the petitioner.

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Considering the submission of the learned counsel for the petitioner and also considering the fact that the order of dismissal of suspending the sentence of the co-accused / A5 who have committed the similar offences as that of this petitioner, has been set aside by this Court, this Court is inclined to allow this petition in the similar lines as that of the earlier order.

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In view of the above, this Court is inclined to grant suspension of sentence to this petitioner till the disposal of C.A.No.57 of 2026 on the file of the lower appellate Court. Accordingly, the Substantive Sentence of Imprisonment imposed on the petitioner by the trial Court in S.C.No.108 of 2018 is suspended till the disposal of C.A.No.57 of 2026 on the file of the lower appellate Court and he is ordered to be enlarged on bail, on condition that he shall execute a bond for a sum of Rs.5,000/- (Rupees five thousand only) with two sureties, each for a likesum to the satisfaction of the lower appellate Court.

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7. Further, the petitioner shall appear before the lower appellate Court on the first working day of every English calendar month commencing from July,

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Page3 of 6

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

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CRL OP No. 11569 of 2026

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2026 at 10.30 a.m, till the disposal of C.A.No.57 of 2026. If he is not able to appear before the lower appellate Court on that day, he shall make arrangement to file an application under Section 317 Cr.P.C., and shall appear on any other day in lieu of the date of his absence as directed by the lower appellate Court.

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8. In the result, this Criminal Original Petition is allowed and the impugned order dated 22.04.2026 in Crl.M.P.No.3 of 2026 in C.A.No.57 of 2026 passed by the learned I Additional District and Sessions Judge, Tiruppur is hereby set aside.

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23-06-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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BKN

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Page4 of 6

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

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CRL OP No. 11569 of 2026