Case Note & Summary
The petitioners, four police officers, were convicted by the IV Additional District and Sessions Court, Madurai, in SC.No.289 of 2021 for offences under Sections 343 and 304(ii) of the Indian Penal Code, 1860, relating to the custodial torture and death of a 17-year-old suspect, Muthu Karthick. The deceased was taken into illegal custody on 13.01.2019 and held at multiple police stations until 16.01.2019, during which he was allegedly tortured. The case was registered by CB CID, Madurai, under Crime No.2/2019. The trial court sentenced each accused to one year rigorous imprisonment for wrongful confinement and ten years rigorous imprisonment for culpable homicide not amounting to murder, along with fines. The petitioners filed appeals before the Madurai Bench of the Madras High Court, which were admitted. Pending disposal of the appeals, they filed criminal miscellaneous petitions under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking suspension of sentence and bail. The applications were heard together by Justice B. Pugalendhi. The respondent, State of Tamil Nadu, represented by the Superintendent of Police, CB CID, opposed the petitions. A defacto complainant also intervened to assist the prosecution. The court reserved orders on 19.06.2026 and pronounced a common order on 13.07.2026.
Issue of Consideration
Whether the sentence imposed on the petitioners (convicted police officers) should be suspended pending disposal of their appeals under Section 430 of BNSS, 2023.
Case Details
2026 LawText (MAD) (07) 40
Crl.MP(MD) Nos.15233, 15877, 19074 of 2025; 1309 of 2026 in Crl.A(MD) Nos.1133, 1164, 1305, 1231 of 2025
M.Jegadeesh Pandian, T.Antony Arulraj, T.Lajapathi Roy, M.Mahendran Varman, N.Ananthapadmanabhan, A.Robinson, Henry Patrick Tipange
Alexraj, Ravichandran, Sathishkumar, Ravichandran
The State of Tamilnadu, Rep. by the Superintendent of Police, CB CID, Madurai Town, Madurai
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Nature of Litigation
Criminal Miscellaneous Petitions for suspension of sentence pending appeal.
Remedy Sought
The petitioners (accused police officers) seek suspension of the sentence of imprisonment imposed by the trial court and enlargement on bail pending disposal of their criminal appeals.
Filing Reason
The petitioners were convicted and sentenced for offences under Sections 343 and 304(ii) IPC for custodial death; they have filed appeals and now seek suspension of sentence.
Previous Decisions
The IV Additional District and Sessions Court, Madurai, convicted the petitioners on 26.09.2025 in SC.No.289 of 2021 and sentenced them to rigorous imprisonment. The appeals have been admitted by the High Court.
Issues
Whether the petitioners are entitled to suspension of sentence and bail pending appeal under Section 430 of BNSS, 2023.
Judgment Excerpts
The petitioners / Accused Nos.1 to 4 in SC.No.289 of 2021 are police officers who have been charged for the offence under Sections 343 and 304(ii) IPC, that they have inflicted custodial violence on an accused in their custody and caused his death.
On 13.01.2019, the deceased was taken into custody by the accused police officers and held in custody till 16.01.2019, illegally, by keeping him at three different police stations.
Procedural History
The police officers were charged in SC.No.289 of 2021 for custodial death. The IV Additional District and Sessions Court, Madurai, convicted them on 26.09.2025 and sentenced them. They filed criminal appeals before the Madras High Court, Madurai Bench, which were admitted. Along with the appeals, they filed applications under Section 430 BNSS, 2023 for suspension of sentence and bail. The applications were heard together and a common order was pronounced on 13.07.2026.
Acts & Sections
- Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): 430
- Indian Penal Code, 1860 (IPC): 343, 304(ii), 387, 506(II)
