Narayanan v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.Nos.1418 & 12907 of 2025 in Crl.R.C.No.187 of 2025 Narayanan ... Petitioner in both petitions Vs State by, Inspector of Police, Karimangalam Police Station, Dharmapuri District.

(Cr.No.988/2020).

... Respondent in both petitions Prayer in Crl.M.P.No.1418 of 2025: Criminal Miscellaneous Petition is filed under Section 438(1) & 483 of BNSS, 2023, to suspend the sentence imposed in judgment dated 18.12.2024 made in Criminal Appeal No.42 of 2024 passed by learned Sessions Judge, Dharmapuri by confirming the judgment dated 01.07.2024 passed by learned District Munsif cum Judicial Magistrate, Karimangalam in C.C.No.242 of 2023 and enlarge the petitioner on bail pending disposal of this Revision. Prayer in Crl.M.P.No.12907 of 2025: Criminal Miscellaneous Petition is filed under Section 428 of BNSS, 2023, pleased to passed an order of Page No.1 of 6

exemption to surrender the petitioner before the Lower Court in pursuant to the judgement dated 18.12.2024 in Crl.A.No.42 of 2024 on the file of the learned Sessions Judge, Dharmapuri by confirming the Judgement made in C.C.No.242 of 2023 on 01.07.2024, on the file of the learned District Munsif cum Judicial Magistrate Court, Karimangalam. In both Petitions For Petitioner : Mr.M.R.Elavarasan For Respondent : Mr.A.Gopinath Government Advocate (Crl.side) ***** COMMON ORDER Crl.M.P.No.1418 of 2025 has been filed to suspend the sentence imposed in judgment dated 18.12.2024 made in Criminal Appeal No.42 of 2024 passed by learned Sessions Judge, Dharmapuri by confirming the judgment dated 01.07.2024 passed by learned District Munsif cum Judicial Magistrate, Karimangalam in C.C.No.242 of 2023.

2. Crl.M.P.No.12907 of 2025 has been filed to exempt the petitioner from surrendering before the Lower Court in pursuant to the judgement dated 18.12.2024 in Crl.A.No.42 of 2024 on the file of the Page No.2 of 6

learned Sessions Judge, Dharmapuri by confirming the Judgement made in C.C.No.242 of 2023 on 01.07.2024, on the file of the learned District Munsif cum Judicial Magistrate Court, Karimangalam.

3. Heard both sides and perused the materials available on record.

4. Considering the submissions made by the learned counsel on either side, this Court finds no prima facie case to suspend the sentence imposed on the petitioner, since the petitioner had committed very serious offence. Therefore, this Court is not inclined to suspend the sentence imposed by the Court of the District Munsif cum Judicial Magistrate, Karimangalam in C.C.No.242 of 2023 dated 01.07.2024 and confirmed by the judgment in Crl.A.No.42 of 2024 dated 18.12.2024 passed by the Court of Sessions Judge, Dharmapuri. This Court also not inclined to exempt the petitioner from surrendering before the Trial Court.

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5. Accordingly, these Criminal Miscellaneous Petitions are dismissed. The Trial Court is directed to secure the petitioner, in order to comply with the conviction and sentence imposed by the Trial Court, which was also confirmed by the appellate Court. 03.07.2025 (2/2) Internet:Yes Index:Yes/No Speaking/Non speaking order sp Page No.4 of 6

To 1.The District Munsif cum Judicial Magistrate, Karimangalam.

2.The Sessions Judge, Dharmapuri.

3.The Inspector of Police, Karimangalam Police Station, Dharmapuri District.

4.The Public Prosecutor, High Court, Madras.

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G.K.ILANTHIRAIYAN. J, sp Crl.M.P.Nos.1418 & 12907 of 2025 in Crl.R.C.No.187 of 2025 03.07.2025 (2/2) Page No.6 of 6