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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.06.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN in Crl.A.No.624 of 2025 Vinothkumar

...Petitioner

Vs.

The State Rep By The Inspector of Police K3, Aminjikarai Police Station, Chennai.

Crime No. 88/2021 ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 430(1) r/w 483 of B.N.S.S to suspend the sentence imposed on the petitioner/appellant by the learned XIX Additional Judge, City Civil Court, Chennai, dated 29.04.2025 made in S.C.No.243 of 2022 and enlarge the petitioner/appellant on bail pending disposal of the above criminal appeal. For Petitioner : Mr.P.Govindarajan 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 on the petitioner/appellant by the learned XIX Additional Judge, City Civil Court, Chennai, dated 29.04.2025 made in S.C.No.243 of 2022 and enlarge the petitioner/appellant on bail pending disposal of the above criminal appeal. 2.

The petitioner, who arrayed as 3rd accused in S.C.No. 243 of 2022, was convicted and sentenced by the XIX Additional Judge, City Civil Court, Chennai vide judgment dated 29.04.2025, as follows: Rank of the accused Conviction under Section Sentence awarded Third Accused 307 IPC to undergo simple imprisonment for 5 years and to pay fine of Rs.1000/- , in default to undergo simple imprisonment for 6 months as per Section 235(2) Cr.PC 452 IPC to undergo simple imprisonment of 3 years and to pay fine of Rs.500/-, in default to undergo simple imprisonment for 3 months as per Section 235(2) Cr.PC . The above sentences imposed on the petitioner/appellant is ordered to run concurrently.

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

4. The petitioner was arrayed as the third accused . There is a specific overt act attributed to him in the occurrence. Therefore, the petitioner has failed to establish a prima facie case for suspension of sentence. 5.

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

30.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order ak

G.K.ILANTHIRAIYAN, J.

ak To

1. The XIX Additional Judge, City Civil Court, Chennai.

2. The Inspector of Police K3, Aminjikarai Police Station, Chennai.

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

30.06.2025