Prakash v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.07.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN in Crl.A.No. 1011 of 2025 Prakash .....

Petitioner Vs State by Inspector of Police, All Women Police Station, Kancheepuram, Kancheepuram District Crime No.3/2017 .....

Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 430 (1) of Bharatiya Nagarik Suraksha Sanhita, 2023, to suspend the sentence imposed on the petitioner by the learned Principal District Sessions Judge (Mahila Court), Kancheepuram, Kancheepuram District S.C.No.21/2018 dated 04.07.2025 and enlarge the petitioner on bail pending disposal of the above criminal appeal on the file of this Court.

For Petitioner : Mr.T.R.Ravi 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 Principal District Sessions Judge (Mahila Court), Kancheepuram, dated 04.07.2025 in S.C.No.21 of 2018 and enlarge the petitioner on bail pending disposal of the above criminal appeal.

2. Heard the learned counsel appearing for the petitioner and perused the materials available on record.

3. The petitioner is the accused in S.C.No.21 of 2018 on the file of the learned Principal District Sessions Judge (Mahila Court), Kancheepuram. The petitioner was found guilty of the offences under Sections 376(1) and 506(1) of IPC and Section 4 of Tamil Nadu Prohibition of Women Harassment Act and he has been convicted and sentenced as under:- S.No.

Conviction Sentence 1.

Section 376(1) of IPC To undergo 10 years Rigorous Imprisonment and to pay a fine of Rs.1,000/- in default to undergo 6 months Rigorous Imprisonment 2.

Section 506(1) of IPC To undergo two years Rigorous Imprisonment 3.

Section 4 of Tamil Nadu Prohibition of Women To undergo three years Rigorous Imprisonment and to pay a fine of

S.No.

Conviction Sentence Harassment Act Rs.10,000/- in default to undergo six months imprisonment Aggrieved by the same, the petitioner has filed this appeal along with the present miscellaneous petition.

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

5. Considering the facts and circumstances of the case, this Court is of the view that the petitioner has failed to make out a prima facie case for grant of suspension of sentence. The petitioner has been convicted for having committed a very serious and heinous offence against the victim on the pretext of marriage. Therefore, this Court is not inclined to grant suspension of sentence imposed by the Trial Court.

6. Accordingly, this Criminal Miscellaneous Petition stands dismissed.

21.07.2025 (2/2) Index : Yes/No : Yes/No Speaking/non-speaking order Lpp G.K.ILANTHIRAIYAN, J.

Lpp To

1. The Principal District Sessions Judge, (Mahila Court) Kancheepuram.

2. The Inspector of Police, All Women Police Station, Kancheepuram, Kancheepuram District.

3. The Public Prosecutor, High Court, Madras.

in Crl.A.No. 1011 of 2025 21.07.2025 (2/2)