Balamurali v. State Rep. By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.06.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN in Crl.A.No.483 of 2025 1.Balamurali

2. Abbas

...Petitioners/Appellants

Vs.

Union of India, Rep. by The Inspector of police, K-3, Aminjikarai Police Station, Chennai.

Crime No.88 of 2021 ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 389(1) of Cr.P.C., to suspend the sentence imposed on the petitioners/ appellants in S.C.No.243 of 2022 dated 29.04.2025 by the learned XIX Additional Judge, City Civil Court, Chennai by its Judgement dated 29.04.2025 and release the petitioners on bail pending appeal. For Petitioners : Mr.P.Govindarajan For Respondent : Mr.S.Raja Kumar Additional Public Prosecutor Page No.1 of 4

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioners, seeking suspension of sentence imposed by the learned XIX Additional Judge, City Civil Court, Chennai by its Judgement in S.C.No.243 of 2022 dated 29.04.2025, and enlarge the petitioners on bail pending disposal of the above appeal.

2.

The petitioners, who are accused in S.C.No.243 of 2022, was convicted and sentenced by the XIX Additional Judge, City Civil Court, Chennai dated 29.04.2025, as follows:

S.No Conviction under Section Sentence awarded 1.

307 of IPC to undergo simple imprisonment for five years and to pay fine of Rs.1000/- each in default to undergo simple imprisonment for six months 2.

452 of IPC to undergo simple imprisonment for three years and to pay fine of Rs.500/- each in default to undergo simple imprisonment for three months Page No.2 of 4

3.

Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent. 4.

This Court finds that no prima facie case has been made out for suspension of the sentence since the Trial Court has gone through the evidence in its entirety and also finds that the petitioners have committed very serious and heinous offence.

5.

In the result, the petition for suspension of sentence is dismissed.

23.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order sma To XIX Additional Judge, City Civil Court, Chennai Page No.3 of 4

G.K.ILANTHIRAIYAN, J.

Sma 23.06.2025 Page No.4 of 4