Thiyagu @ Thiyagarajan (A-2) v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.07.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN in Crl. A. No. 72 of 2025 1.Thiyagu @ Thiyagarajan 2.Dinesh 3.Logu @ Loganathan

...Petitioner

Vs.

State Rep., by The Inspector of Police, Erode Town Police Station, Erode District.

... Respondent Crime No. 734 of 2017 PRAYER: Criminal Miscellaneous Petition is filed under Section 430(1) of B.N.S.S., 2023, to suspend the sentence imposed against the petitioner on 17.12.2024 in S.C.No.109 of 2018 on the file of the learned 1st Additional Sessions Court, Erode and release the petitioner on bail till the disposal of the Criminal Appeal.

For Petitioners : Mr. P. Pugalenthi For Respondent : Mr. A. Gopinath, Government Advocate

O R D E R

This Criminal Miscellaneous Petition has been filed by the petitioners, seeking suspension of sentence imposed by the learned I Additional Sessions Court, Erode, in S.C. No. 109 of 2018 dated 17.12.2024, and enlarge the petitioners on bail pending disposal of the above appeal.

2. The petitioners, who are accused in S.C.No.109 of 2018, was convicted and sentenced by the learned I Additional Sessions Court, Erode, vide judgment dated 17.12.2024, as follows:

Rank of the accused Conviction under Section Sentence awarded A2 to A4 294(b) of IPC to undergo simple imprisonment for a period of 3 months.

341 of IPC to undergo simple imprisonment for a period of one month.

304(ii) r/w 34 of IPC to undergo rigorous imprisonment for a period of 10 years

3. Heard the learned counsel for the petitioners and the learned Government Advocate for the respondent.

4. This Court finds that the petitioners failed to make out the prima

facie case for suspension of sentence. Further the petitioners had committed very serious and heinous offence as against the deceased. Therefore, this Court is not inclined to entertain this petition.

5. In the result, the petition for suspension of sentence is dismissed. 02.07.2025 (2/2) AT To 1.The I Additional Sessions Court, Erode 2.The Inspector of Police, Erode Town Police Station, Erode District.

3.The Public Prosecutor, High Court of Madras.

G.K.ILANTHIRAIYAN, J.

AT Crl. M.P. No. 12763 of 2025 in Crl. A. No. 72 of 2025 02.07.2025 (2/2)