Mohanraj @ Pandu v. Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.06.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.17138 of 2024 in Crl.ANo.1509 of 2024 Mohanraj @Pandu ... Petitioner

Versus

The State Represented by Deputy Superintendent of Police, Villupuram Sub-Divison Villupuram, Vikravandi P.S.

(Crime No. 405/22) ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 430 of Bharatiya Nagarik Suraksha Sanhita, 2023, to suspend the sentenced passed call for in Special S.C.No. 68 of 2022 dated 30.09.2022 on the file of the Special Court for Exclusive Trial of cases registered under The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,1989, Villupuram. For Petitioner : Mr. P. Prince Premkumar For Respondent : Mr. S. Raja Kumar, Additional Public Prosecutor.

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ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed in Spl.S.C.No. 68 of 2022 dated 30.09.2024 by the learned Special Judge, Special Court for Exclusive Trial of cases registered under The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,1989, Villupuram, and enlarge the petitioner on bail pending disposal of the above appeal.

2.

The petitioner, who is the accused in Spl.S.C.No.68 of 2022, was convicted and sentenced by the learned Special Judge, Special Court for Exclusive Trial of cases registered under The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,1989, Villupuram, vide Judgment dated 30.09.2024, as follows:

Conviction Sentence Section 324 of IPC To undergo rigorous imprisonment for a period of 3 years.

Section 307 of IPC To undergo rigorous imprisonment of 10 years, along with a fine of Rs.10,000/-, and in default to undergo rigorous imprisonment for a further period of 2 years. Aggrieved by the same, the petitioner has filed the present petition. 2/4

3.

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. 4.

This Court finds no reason to suspend the sentence since the Trial Court has gone through the evidence in its entirety and also concluded that the petitioner has failed to make out a prima facie case, to suspend the sentence imposed on him. The petitioner has been found to have committed the offence of murder by attacking the victim with a knife multiple times, thereby committing very serious and heinous offence.

5.

In view of the above, the petition for suspension of sentence is dismissed.

20.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order klt 3/4

G.K.ILANTHIRAIYAN, J.

klt To

1. The Special Court for Exclusive Trial of cases registered under The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,1989, Villupuram.

2. The State Represented by Deputy Superintendent of Police, Villupuram Sub-Divison, Villupuram, Vikravandi P.S. (Crime No. 405/22)

3. The Public Prosecutor, High Court, Madras. Crl.M.P.No.17138 of 2024 in 20.06.2025 4/4