Saloon Prasanth @ Mohan Prasanth v. The State By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.1806 of 2025 in Crl.A.No.153 of 2025 Saloon Prasanth @ Mohan Prasanth ... Petitioner Vs State By Inspector of Police, Palladam Police Station, Tiruppur District (crime No.1394 of 2021) ... Respondent PRAYER: Criminal Miscellaneous Petition is filed under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to suspend the sentence of imprisonment imposed in the judgment dated 03.01.2025 made in SC.No.30 of 2022 on the file of the learned Principal Assistant Sessions Judge, Tiruppur and enlarge them on bail.

For Petitioner : Mr.N.Ponraj For Respondent : Mr.S.Raja Kumar, Additional Public Prosecutor

ORDER

This Criminal Miscellaneous Petition has been filed praying to suspend the sentence of imprisonment imposed in the judgment dated 03.01.2025 made in SC.No.30 of 2022 on the file of the learned Principal Assistant Sessions Judge, Tiruppur and to enlarge the petitioner on bail.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The case of the prosecution is that the petitioner and two others assaulted the defacto complainant's father who was on his way to his house on the date of occurrence. After registration of FIR, the respondent filed final report on conducting investigation and the same was taken cognizance in PRC.No.2 of 2022. Thereafter, the case was committed to sessions court in SC.No.30 of 2022 on the file of the learned Principal Assistant Sessions Judge, Tiruppur. After full-fledged trial, the Trial Court convicted and sentenced the petitioner for the offences punishable under Sections 342, 394, 397 and 34 of IPC. Aggrieved by same, the petitioner has preferred the aforementioned criminal appeal before this Court along with this application seeking to suspend

the sentence imposed on him pending disposal of the aforementioned appeal.

4. On perusal of records, though the petitioner has prayed to suspend the sentence pending the appeal, there are clinching evidences to convict him for the aforementioned offences and the petitioner failed to make a prima facie case for suspension of sentence. Therefore, this Court is not inclined to entertain this petition.

5.

Accordingly, this criminal miscellaneous petition is dismissed.

05.06.2025 (2/2) Internet:Yes Index:Yes/No Speaking/Non speaking order lok

G.K.ILANTHIRAIYAN. J, To 1.The learned Principal Assistant Sessions Judge, Tiruppur 2.Inspector of Police, Palladam Police Station, Tiruppur District 3.The Public Prosecutor, High Court of Madras Crl.M.P.No.1806 of 2025 in Crl.A.No.153 of 2025 05.06.2025 (2/2)