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Madras High CourtCRL MP/10340/2025dismissed

A.G.Kumar v. State Rep By, Inspector Of Police,

2025-06-05Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.06.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.10340 of 2025 in Crl.A.No.823 of 2023 A.G.Kumar

...Petitioner

Vs.

State Rep By Inspector of Police Economic Offences Wing-II, Coimbatore District Crime No.4 of 2014 ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 430(1) of BNSS / 389(1) of Cr.P.C., to suspend the sentence imposed on the petitioner by the trial court in its judgment dated 03.09.2021 made in CC.no.3 of 2017 on the file of the Special Judge, Special Court under TNPID Act, Coimbatore and enlarge him on bail till the disposal of the above criminal appeal No.823 of 2023.

For Petitioner : Mr.V.M.R.Rajentran For Respondent : Mr.S.Raja Kumar Additional Public Prosecutor 1/4

ORDER

This Criminal Miscellaneous Petition has been filed praying to suspend the sentence imposed on the petitioner by the trial court in its judgment dated 03.09.2021 made in CC.no.3 of 2017 on the file of the Special Judge, Special Court under TNPID Act, Coimbatore and to enlarge him on bail till the disposal of the aforementioned criminal appeal. 2.

The petitioner, who is an accused in CC.no.3 of 2017 on the file of the Special Judge, Special Court under TNPID Act, Coimbatore, was convicted and sentenced, vide judgment dated 03.09.2021, as follows: Rank of the accused Conviction under Section Sentence awarded A2 Section 5 of TNPID Act to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs.1,00,000/- for each count (1,00,000 x 40 counts), in default to undergo rigorous imprisonment for two years 3.

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

It is seen that the petitioner already filed a petition to suspend 2/4

the sentence imposed on him in Crl.MP.No.15804 of 2023. However, recording the facts of the case in detail, this Court dismissed the petition on merits on 12.03.2024. This is the second petition filed for the same prayer. Even then, there is absolutely no change of circumstances to consider the prayer in this petition. Therefore, this Court is not inclined to entertain this petition.

5.

Accordingly, this petition is dismissed.

05.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok 3/4

G.K.ILANTHIRAIYAN, J.

lok To 1.The Special Judge, Special Court under TNPID Act, Coimbatore 2.Inspector of Police Economic Offences Wing-II, Coimbatore District 3.The Public Prosecutor, High Court of Madras, Chennai.

Crl.M.P.No.10340 of 2025 in Crl.A.No.823 of 2023 05.06.2025 4/4