S. Rajkumar (Ocha) v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.09.2025

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.M.P.No.17490 of 2025 in Crl.RC.No.1730 of 2025 S.Rajkumar ....

Petitioner Vs The Inspector of Police Uthukuli Police Station Thiruppur District.

(Crime No.45 of 2024) .... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 430(2) of BNSS Act, 2023, praying to suspend the sentence of Simple Imprisonment for 3 years imposed by the learned District Munsif-cum-Judicial Magistrate, Uthukuli, Tiruppur District, in C.C.No.37 of 2024 by the judgment dated 30.09.2024 and enlarge the petitioner/accused on bail, pending disposal of the above said Criminal Appeal.

1/5

For Petitioner : Mr.R.Balamuruganantham For Respondent : Dr.C.E.Pratap Government Advocate (Crl.Side)

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed in C.C.No.37 of 2024, on the file of the District Munsif-cum-Judicial Magistrate, Uthukuli, Tiruppur District, dated 30.09.2024 and enlarge the petitioner/accused on bail, pending disposal of the above said Criminal Appeal.

2. The learned counsel for the petitioner submitted that the petitioner for the past 18 months confined in prison i.e., from 21.03.2024 and also prayed for suspension of sentence stating that the prosecution has not proved the charges against the petitioner beyond reasonable doubt.

3. The Prosecutor strongly opposed that from the scene of occurrence, the finger print of this petitioner taken and the same was confirmed with the NAFIS report. Further more, he is also having previous case similar in nature 2/5

committed at earliest time.

4. At this juncture, the learned counsel for the petitioner submitted that in those cases, the petitioner was already been acquitted.

5. On seeing the findings, this Court is not inclined to grant of suspension of sentence.

6. Accordingly, this Criminal Miscellaneous Petition is dismissed. 18.09.2025 (2/2) Index : Yes/No : Yes/No Speaking/non-speaking order dna To 1.The District Munsif-cum-Judicial Magistrate, Uthukuli, Tiruppur District.

2.The Inspector of Police Uthukuli Police Station Thiruppur District.

(Crime No.45 of 2024) 3/5

4/5

T.V.THAMILSELVI, J.

dna Crl.M.P.No.17490 of 2025 in Crl.RC.No.1730 of 2025 (2/2) 18.09.2025 5/5