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Madras High CourtCRL MP/11665/2025dismissed

Tamilvanan v. The Inspector Of Police,

2025-06-24Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.06.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN in Crl.R.C.No.856 of 2025 1.Tamilvanan 2.Suresh 3.Vairamuthu 4.Yoganath

...Petitioners in both

petitions Vs.

1.The Inspector of Police, Thirukkuvalai Police Station.

2.State Rep by Public Prosecutor, Nagapattinam.

...Respondents in both

petitions PRAYER in Crl.M.P.No.11665 of 2025: Criminal Miscellaneous Petition filed under Section 438(1) of Bharatiya Nagarik Suraksha Sanhita, 2023, to suspend the sentence passed in the judgment dated 22.01.2025 in C.A.No.24 of 2015 on the file of the District and Sessions Court, Nagapattinam, for convicting the petitioner and by confirming the judgment dated 04.05.2015 passed in S.C.No.15 of 2014 on the file of the Chief Judicial Magistrate Court, Nagapattinam.

PRAYER in Crl.M.P.No.11667 of 2025: Criminal Miscellaneous Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to exempt the petitioner from surrendering before the trial Court in S.C.No.15 of 2014 on the file of the Chief Judicial Magistrate Court, Nagapattinam, pending disposal of this revision petition. For Petitioners (in both cases) : Mr.T.Ananthasekar For Respondents (in both cases) : Mr.A.Gopinath Government Advocate (Crl.Side) COMMON ORDER Crl.M.P.No.11665 of 2025 has been filed to suspend the sentence passed in the judgment dated 22.01.2025 in C.A.No.24 of 2015 on the file of the District and Sessions Court, Nagapattinam, for convicting the petitioner and by confirming the judgment dated 04.05.2015 passed in S.C.No.15 of 2014 on the file of the Chief Judicial Magistrate Court, Nagapattinam.

2. Crl.M.P.No.11667 of 2025 has been filed to exempt the petitioner from surrendering before the trial Court in S.C.No.15 of 2014 on the file of the Chief Judicial Magistrate Court, Nagapattinam, pending disposal of this revision petition.

3. Heard both sides and perused the materials available on record.

4. Considering the submissions made by the learned counsel on either side, this Court finds no prima facie case to suspend the sentence imposed on the petitioner, since the petitioner had committed very serious offence. Therefore, this Court is not inclined to suspend the sentence imposed by the Chief Judicial Magistrate, Nagapattinam in S.C.No.15 of 2014 dated 04.05.2015 and confirmed by the judgment in Crl.A.No.24 of 2015 dated 22.01.2025 passed by the District and Sessions Court, Nagapattinam. This Court also not inclined to exempt the petitioner from surrendering before the Trial Court.

5. Accordingly, these Criminal Miscellaneous Petitions are dismissed. The Trial Court is directed to secure the petitioner, in order to comply with the conviction and sentence imposed by the Trial Court, which was also confirmed by the appellate Court. 24.06.2025 (2/2) Index : Yes/No : Yes/No Speaking/non-speaking order Lpp

G.K.ILANTHIRAIYAN, J.

Lpp To 1.The District and Sessions Court, Nagapattinam. 2.The Chief Judicial Magistrate Court, Nagapattinam. 3.The Inspector of Police, Thirukkuvalai Police Station.

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

in Crl.R.C.No.856 of 2025 24.06.2025 (2/2)