Siraj @ Sirajudeen v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.12.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CRL.MP(MD) No.1236 of 2025 in Crl.A(MD)No.124 of 2025 Siraj @ Sirajudeen .......

Petitioner Vs.

State rep. by The Inspector of Police Manur Police Station, Tirunelveli District.

(Crime No.193 of 2010) ...... Respondent/ Respondent Prayer : Petition filed under Section 430 (1) of BNSS to Suspend the sentence imposed by the Learned I Additional District and Sessions Judge, Tirunelveli District in S.C.No. 310/2017 dated 04.09.2024 and enlarge the petitioner on bail pending disposal of the above said Criminal Appeal.

For Petitioner : Mr.S.M.A.Jinnah, For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

O R D E R

[Order of the Court was made by G.K.ILANTHIRAIYAN, J.] Seeking to suspend the sentence imposed on the petitioner/A1 by the learned I Additional District and Sessions Judge, Tirunelveli, Tirunelveli District vide Judgment dated 04.09.2024 in S.C.No.310 of 2017 he has filed this Criminal Miscellaneous Petition.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The learned counsel for the petitioner would submit that the petitioner is A1 and this Court had already granted suspension of sentence insofar as A3 is concerned, in Crl.M.P.(MD)No.1926 of 2025 dated 18.08.2025.

4. On perusal of the order passed by this Court revealed that A3 attacked the deceased by stick. Insofar as the petitioner/A1 is concerned, he attacked the deceased with sickle and the eyewitness also has categorically deposed about the specific overt act. Therefore, the petitioner has failed to make out a prima facie case for grant of suspension of sentence, hence we are of the opinion that it is not a fit case for grant of suspension of sentence to the petitioner.

5. Accordingly this Criminal Miscellaneous Petition stands dismissed.

6. Post the criminal appeal in the usual course for final hearing.

[G.K.I., J.] & [R.P., J.] 05.12.2025 NCC : Yes / No Index : Yes / No rm

G.K.ILANTHIRAIYAN , J.

AND R.POORNIMA, J .

rm Copy to

1. The I Additional District and Sessions Judge, Tirunelveli District.

2.The Inspector of Police Manur Police Station, Tirunelveli District.

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

CRL.MP(MD) No.1236 of 2025 in Crl.A(MD)No.124 of 2025 05.12.2025