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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.07.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN in Crl.A.No.388 of 2025 Manikandan

...Petitioner

Vs.

The State Rep By Represented by the Inspector of Police Mangalamedu Police Station, Perambalur District.

Crime No. 504/2017 ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 389(1) of Cr.P.C., to suspend the sentence imposed on the petitioner appellant in judgement made in S.C.No.13 of 2019 dated 08.11.2019 on the file of Learned Sessions Judge, Mahila Court, Perambalur, pending disposal of the above Crl.A.No.388 of 2024.

For Petitioner : Mr.K.Selvakumaraswamy For Respondent : Mr.S.Raja Kumar Additional Public Prosecutor

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed by the learned Sessions Judge, Mahila Court, Perambalur in S.C.No.13 of 2019 vide Judgement dated 08.11.2019.

2. The petitioner herein is an accused in S.C.No.13 of 2019 on the file of the Learned Sessions Judge, Mahila Court, Perambalur. He was found guilty of the offences under Section 323, 354, 376 & 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition of Women Harassment Act and he has been convicted and sentenced as under:

Rank of the accused Conviction under Section Sentence awarded Sole accused 323 of IPC to undergo rigorous imprisonment for a period of one year.

354 of IPC to undergo rigorous imprisonment for a period of one

Rank of the accused Conviction under Section Sentence awarded year.

376 of IPC to undergo rigorous imprisonment for a period of 10 years.

506(ii) of IPC to undergo rigorous imprisonment for a period of 2 years.

of TN Prohibition of Women Harassment Act to undergo rigorous imprisonment for a period of 3 years.

3.

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor 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 also finds that the petitioner had committed very serious and heinous offence. Further, it is seen that the petitioner had already approached this Court seeking suspension of sentence in Crl.M.P.No.5971 of 2024 however the same was dismissed on the ground that no prima facie case has been made out by the petitioner. Since there is no cause of action, this Court cannot interfere with

the order passed by the trial court imposing the above sentences. 5.

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

03.07.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Nhs To

1. The Sessions Judge, Mahila Court, Perambalur.

2.The Inspector of Police Mangalamedu Police Station, Perambalur District.

Crime No. 504/2017.

3.The Public Prosecutor, High Court of Madras, Chennai.

G.K.ILANTHIRAIYAN, J.

Nhs 03.07.2025