Elumalai v. The State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.08.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.16117 of 2025 in Crl.A.No.1324 of 2025 Elumalai

...Petitioner

Vs.

State Rep By Inspector of Police Sankarapuram Police Station, Villupuram District (Crime No.69/2012) ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 430 of BNSS, praying to suspend the sentence imposed on the petitioner passed by the Sessions Judge, Magalir Neethimandram, Villupuram District vide SC.No.42 of 2015 dated 12.10.2022 and release him on bail pending disposal of the main criminal appeal.

For Petitioner : Mr.G.Paramasivam For Respondent : Mr.A.Gopinath, Government Advocate(crl.side) 1/4

ORDER

This Criminal Miscellaneous Petition has been filed praying to suspend the sentence imposed on the petitioner by the Sessions Judge, Magalir Neethimandram, Villupuram District in SC.No.42 of 2015 dated 12.10.2022 and to release him on bail pending disposal of the main criminal appeal.

2.

The petitioner, who is A1 in SC.No.42 of 2015, was convicted and sentenced by the learned Sessions Judge, Magalir Neethimandram, Villupuram District, vide judgment dated 12.10.2022, as follows: Rank of the accused Conviction under Section Sentence awarded A1 Section 376 of IPC to undergo rigorous imprisonment for a period of 7 years and to pay fine of Rs.25,000/-, in default to undergo simple imprisonment for three months 3.

Heard, the learned counsel for the petitioner and the learned Government Advocate(crl.side) appearing for the respondent. 2/4

4.

On perusal of records, this Court finds no reasons to suspend the sentence. Further, the Trial Court has gone through the evidence in its entirety and convicted the petitioner. Therefore, this Court is not inclined to entertain this petition.

5.

Accordingly, this criminal miscellaneous petition is dismissed. 25.08.2025 (2/2) Index : Yes/No : Yes/No Speaking/non-speaking order lok 3/4

G.K.ILANTHIRAIYAN, J.

lok To 1.The Sessions Judge, Magalir Neethimandram, Villupuram District 2.Inspector of Police Sankarapuram Police Station, Villupuram District 3.The Public Prosecutor, High Court of Madras, Chennai.

Crl.M.P.No.16117 of 2025 in Crl.A.No.1324 of 2025 25.08.2025 (2/2) 4/4