Vijayakumar v. State Of Tamil Nadu Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.07.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN in Crl.A.No.1001 of 2025 Vijayakumar

...Petitioner

Vs.

The State of Tamilnadu Rep By the Inspector of Police Vaelampalayam Police Station, Tirupur Crime No. 148/2018 ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 389(2) & 439 of Cr.P.C., to suspend the sentence imposed on the petitioner in C.A.No.309 of 2023 on the file of the learned Principal Sessions Judge, Tiruppur dated 21.03.2025 confirming the Judgment passed in C.C.No.91 of 2018 on the file of the Additional Mahila Court Judicial Magistrate Level, Tiruppur dated 30.10.2023 pending disposal of this Revision.

For Petitioner : Mr.S.Prabhu For Respondent : Mr.A.Gopinath Govt. Advocate (Crl.Side)

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed on the petitioner in C.A.No.309 of 2023 on the file of the learned Principal Sessions Judge, Tiruppur dated 21.03.2025 confirming the Judgment passed in C.C.No.91 of 2018 on the file of the Additional Mahila Court Judicial Magistrate Level, Tiruppur dated 30.10.2023 pending disposal of this Revision. 2.

The petitioner, who is an accused in C.C.No.91 of 2018, was convicted and sentenced by the learned Judicial Magistrate, Additional Mahila Court at Magisterial Level, Tiruppur vide judgment dated 30.10.2023 and the same has been confirmed by the learned Principal Sessions Judge, Tiruppur in Crl.A.No.309 of 2023 dated 21.03.2025, as follows:

Rank of the accused Conviction under Section Sentence awarded Sole Section 323 of to undergo three months of

Rank of the accused Conviction under Section Sentence awarded accused IPC simple imprisonment 3.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent. 4.

This Court finds no reasons to suspend the sentence since the Trial Court has gone through the evidence in its entirety and awarded punishment, also the petitioner failed to make out a prima facie case to suspend the sentence.

5.

In the result, the petition for suspension of sentence is dismissed. Further, the respondent is directed to secure the petitioner in order to undergo the conviction and sentence imposed by the trial court and confirmed by the appellate court.

17.07.2025 (2/2) Index : Yes/No : Yes/No Speaking/non-speaking order ssd To

1. The Principal Sessions Judge, Tiruppur

2. The Additional Mahila Court Judicial Magistrate Level, Tiruppur 3.The Public Prosecutor, High Court of Madras, Chennai.

G.K.ILANTHIRAIYAN, J.

ssd 17.07.2025 (2/2)