Mani@ Manikandan v. The State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.07.2025
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.13216 of 2025 in Crl.RC.No.991 of 2025 1.Mani @ Manikandan 2.Sahul @ Sahul Hameed 3.Suresh @ Moorthy @ P.Ramesh
...Petitioners
Vs.
State Rep. By:
The Inspector of Police, B-4, Race Course Law and Order Police Station, Coimbatore 641 018 crime No.1824 of 2011 ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 430 of BNSS, praying to allow the suspension of sentence petition in Crl.M.P.No.13216 of 2025 in Crl.RC.No.991 of 2025 filed against Crl.A.No.409 of 2019 on the file of learned IV Additional District and Sessions Judge, Coimbatore which confirmed the judgment dated 28.11.2019 passed in SC.No.176 of 2012 on the file of III Additional Assistant Sessions Judge, Coimbatore and enlarge him on bail. 1/6
For Petitioners : Mr.R.Vinaya Vishnu For Respondent : Mr.A.Gopinath, Government Advocate (crl.side)
ORDER
This Criminal Miscellaneous Petition has been filed by the petitioner, seeking to allow the suspension of sentence petition in Crl.M.P.No.13216 of 2025 in Crl.RC.No.991 of 2025 filed against Crl.A.No.409 of 2019 on the file of learned IV Additional District and Sessions Judge, Coimbatore confirming the judgment dated 28.11.2019 passed in SC.No.176 of 2012 on the file of III Additional Assistant Sessions Judge, Coimbatore and to enlarge them on bail. 2.
The petitioners herein are the accused in SC.No.176 of 2012 on the file of III Additional Assistant Sessions Judge, Coimbatore. They were found guilty of the offences under Sections 447, 307 & 506(ii) of IPC and they have been convicted and sentenced as under: Rank Conviction Sentence A1 Section 447 of IPC to undergo rigorous imprisonment for a 2/6
Rank Conviction Sentence period of three months Section 307 of IPC to undergo rigorous imprisonment for a period of three years Section 506(ii) of IPC to undergo rigorous imprisonment for a period of six months A2 Section 447 of IPC to undergo rigorous imprisonment for a period of three months Section 307 of IPC to undergo rigorous imprisonment for a period of two years Section 506(ii) of IPC to undergo rigorous imprisonment for a period of six months A3 Section 447 of IPC to undergo rigorous imprisonment for a period of three months Section 307 of IPC to undergo rigorous imprisonment for a period of two years Section 506(ii) of IPC to undergo rigorous imprisonment for a period of six months Aggrieved by the same, the petitioners preferred appeal before learned IV Additional District and Sessions Judge, Coimbatore in Crl.A.No.409 of 2019, wherein the judgment of the trial court was confirmed, against which the aforesaid criminal revision has been filed. 3.
The learned counsel for the petitioners/accused would submit that there are arguable points available in the Criminal Revision and the 3/6
petitioners/accused have got a fair chance of succeeding in the Criminal Revision and hence, the substantive sentence imposed against the petitioners/accused may be suspended. He would submit that the petitioners are ready to abide the condition imposed by this Court. 4.
Per contra, the learned Government Advocate(crl.side) appearing for the respondent/State raised serious objection for allowing this petition. Further, he would contend that the evidences recorded from the prosecution witnesses would prove the case of the prosecution beyond reasonable doubt. According to him, interference of this Court is not necessary in the findings arrived at by the trial Court. 5.
Heard the learned counsel appearing on either side and also perused the materials placed on record.
6.
On perusal of records, this Court finds no reasons to suspend the sentence since the Trial Court has gone through the evidence in its entirety and convicted the petitioners. Therefore, this Court is not inclined 4/6
to suspend the sentences of imprisonment imposed on the petitioners. 7.
Accordingly, this petition is dismissed.
14.07.2025 (2/2) Index : Yes/No : Yes/No Speaking/non-speaking order lok 5/6
G.K.ILANTHIRAIYAN, J.
lok To 1.The learned IV Additional District and Sessions Judge, Coimbatore 2.The III Additional Assistant Sessions Judge, Coimbatore 3.The Inspector of Police, B-4, Race Course Law and Order Police Station, Coimbatore 641 018 4.The Public Prosecutor, High Court of Madras, Chennai.
Crl.M.P.No.13216 of 2025 in Crl.RC.No.991 of 2025 14.07.2025 (2/2) 6/6