Eswaran v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI in CRL RC(MD) No.94 of 2025 Eswaran

...Petitioner/Petitioner

Vs State of Tamilnadu rep. by its The Inspector of Police, North Police Station, Kambam, Theni District.

(Crime No.321/2024) ... Respondent/Respondent For Petitioner:

Mrs.J.Vasanthi, Advocate For Respondent:Mr.M.Sakthikumar Government Advocate (Criminal Side) Prayer in CRL MP(MD).1032 of 2025 :

This Criminal Miscellaneous Petition filed under Section 438(1) B.N.S.S. praying to suspend the sentence of the petitioner imposed by judgment dated 09.07.2024 in S.C No.150 of 2017 on the file of the learned Assistant Sessions Judge, Uthamapalayam, Theni confirmed in judgment dated 26.11.2024 made in Crl.A.No.119/2024 on the file of the Additional District cum Sessions Court, Theni, 1/3

pending disposal of the above criminal revision case.

ORDER

This Criminal Miscellaneous Petition has been filed to suspend the sentence of the petitioner imposed by judgment dated 09.07.2024 in S.C No.150 of 2017 on the file of the learned Assistant Sessions Judge, Uthamapalayam, Theni confirmed in judgment dated 26.11.2024 made in Crl.A.No.119/2024 on the file of the Additional District cum Sessions Court, Theni, pending disposal of the above criminal revision case.

2. I do not find any ground to suspend the sentence for the reason that the P.W.2 who is the injured victim had clearly deposed that he was stabbed in his stomach by using a knife which was duly recovered and the weapon was marked as material object no.1. That apart, the Wound Certificate which is marked as Exhibit P.8 would also reveal the fact that the injury is grievous in nature. In view of the same, I do not find any ground to suspend the sentence of the petitioner and hence, this petition is dismissed. The respondent police is directed to secure the petitioner herein. sd/- 18/08/2025 / TRUE COPY / /2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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gbg TO 1 The Additional District Cum Sessions Judge, Theni. 2 The Assistant Sessions Judge, Uthamapalayam, Theni. 3 The Inspector of Police, North Police Station, Kambam, Theni District.

4 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN in CRL RC(MD) No.94 of 2025 Date :18/08/2025 NBF/SAR- /26+/08/2025/ 3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3