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2026 Supreme(Mad) 845

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P. VELMURUGAN, M. JOTHIRAMAN, JJ.
Union Of India Rep By Its Superintendent Of Police National Investigation Agency - Appellant
Versus 
Thiruselvam @ Kumar @ Sankar @ Murali @ Murasu @ Kannan, S/o Raman – Respondent 
CRL A No.275 of 2022
Decided On : 05-01-2026

Advocates Appeared:
For the Appellant : Mr.E.Chandrasekaran Special Public Prosecutor For Nia Cases
For the Respondent: Mr.P.Pugalenthi, Mr.R.Sankarasubbu

The appellate court emphasized that sentences for distinct charges should not run concurrently when involving serious allegations such as terrorism, underscoring the necessity of reflecting the crimes' severity in sentencing.

Headnote:(A) National Investigation Agency Act, 2008 - Criminal Procedure Code, Section 427 - Explosive Substances Act, 1908 - Unlawful Activities (Prevention) Act, 1967 - Respondents charged with conspiracy to plant and explode bombs targeting former Union Ministers - Trial Court awarded minimum sentences that were ordered to run concurrently - The National Investigation Agency appealed for enhancement of sentences and for them to run consecutively. (Paras 5, 6, 10, 11)

(B) Conviction and Sentencing - Acceptance of guilt by respondents - Trial Court found the prosecution had proved its case beyond reasonable doubt - The sentencing should reflect the severity of the offences given their potential threat to societal and national security. (Paras 5, 10, 11)

Facts of the case:
The respondents were members of a banned terrorist organization and conspired to plant pipe bombs targeting political figures; one bomb exploded mildly, while others were defused without causing injuries. The respondents were convicted after trial, with minimal sentences.

Findings of Court:
The trial Court based its conviction on the respondents' admissions of guilt; however, the sentences were deemed minimal given the gravity of their actions.

Issues: Whether the trial Court erred in awarding concurrent sentences.

Ratio Decidendi: Appellate Court reasoned that sentencing should reflect the severity of the crime, emphasizing that different charges from separate incidents should not be conflated to justify concurrent sentences.

Result: Appeal partly allowed; sentences ordered to run consecutively.

Table of Content
1. criminal conspiracy involving bomb planting (Para 1 , 2 , 3)
2. arguments regarding sentence enhancement and concurrent sentencing (Para 4 , 5 , 6 , 7)
3. court's analysis on trial conduct and conviction (Para 8 , 9 , 10)
4. final ruling on concurrent sentences and set-off (Para 11)
5. overall judgment conclusion (Para 12)

JUDGMENT :

P. Velmurugan, J.

1.1. The appellant registered the case in R.C.No.01/2014/NIA of Hyderabad against the respondents herein on the ground that all of them have been the members of the notified banned terrorist organisation viz., Tamilnadu Liberation Army (TNLA) and were leading an underground life for their anti- social, anti-national and criminal activities. In order to show their vengeful protest against the policies of the Union Government, the respondents, while targeting the law makers, more particularly, against two former Union Ministers Mr.V.Narayanasamy and Mr.P.Chidambaram, entered into a criminal conspiracy to plant and explode pipe bombs in different places in Tamil Nadu and Puducherry. Accordingly, with a criminal intent, they chose Puducherry as the first place to execute their plan of planting pipe bomb to commemorate the death anniversary of their comrades Tamizharasan and Muthukumaran and on 29.01.2014, they planted the pipe bomb containing explosive substances filled in a cylindrical metal pipe of about one feet in length and four inches in diameter, closed and fitted at both the ends with cap-nuts and attached fuse wire, beneath the car with Regn.No.PY-01-BT-9595 parked in front of the residential house of Mr.V.Narayanasamy, former Union Minister apparently with a view to endanger the life of the Minister, his family members and also the general public. Fortunately, the unexploded explosive device with half- burnt wick was noticed by the security personnel on duty, who alerted the law enforcement agencies and the pipe bomb was seized and later defused by the Bomb Detection and Disposal Squad team, thereby ensuring the safety of one and all. In this connection, a case in Crime No.25 of 2014 was registered on 29.01.2024 by the Odiansalai Police Station, Puducherry against the respondents, which case was subsequently transferred to the file of National Investigation Agency, Hyderabad.

1.2. Similarly, on 11.02.2014, the respondents had placed a similar type of pipe bomb on the back side wall of the commercial establishment called ‘Reliance Mart’ at Utangudi, Madurai and luckily, the planted pipe bomb did not explode in this place and a case in Crime No.47 of 2014 was registered on 11.02.2014 by the Othakadai Police Station, Madurai against them. The said case is pending trial as on date.

1.3. In furtherance of their criminal conspiracy, the respondents had planted yet another similar type of pipe bomb on 04.02.2014 at the outer compound wall of the residential house of the then Union Minister Mr.P.Chidambaram and the same exploded mildly causing minimal damage to the compound wall. They also threw some printed pamphlets in the name of the banned organisation in the premises. Hence, a case in Crime No.10 of 2014 was registered by the Nachiyapuram Police Station, Sivaganga on 25.02.2014 against them. This case was later committed to the Court of Session, Sivaganga in S.C.No.133 of 2014 and subsequently tried by the Special Court for Bomb Blast Cases, Poonamallee in Special S.C.No.7 of 2017 convicting the respondents for the offences and sentencing them to undergo rigorous imprisonment for a period of 5 years, as stated therein.

2. The present appeal concerns with the case registered in R.C.No.01/2014 on the file of National Investigation Agency, Hyderabad against the respondents. In this case, after completion of formalities under Section 207 of Cr.P.C., the respondents were arrayed as Accused Nos.1 to 6 and were tried in Special Sessions Case No.5 of 2014 on the file of the learned Special Judge for N.I.A. Cases at Puducherry for the charges under Section 120-B IPC read with

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