Vijay @ Kuruvi Vijay v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26-03-2025

CORAM

THE HONOURABLE MR JUSTICE B.PUGALENDHI in CRL A(MD)NO.159 of 2024 Vijay @ Kuruvi Vijay Petitioner(s) Vs The State of Tamil Nadu Rep by The Inspector of Police, Anna Nagar Police station, Madurai District. Crime No. 1950/2021 Respondent(s) For Petitioner(s):

M.Jerin Mathew For Respondent(s):

P.Kottaichamy Government Advocate (Crl. Side)

ORDER

This Criminal Miscellaneous Petition is filed by the petitioner /accused to suspend the sentence imposed as against him by the learned Sessions Judge, Mahila Court, Madurai, in S.C.No.67 of 2022, dated 30.01.2024. 2.There are two accused and the petitioner is the first accused. They were charged for the offence u/s.341, 294(b), 506(ii), 366, 376(d) IPC. The trial Court has found the accused guilty for the offence u/s.506(ii), 366, 376(d) IPC, convicted and sentenced 1/6

them as follows:- • to undergo rigorous imprisonment for twenty years and to pay a fine of Rs.10,000/-, each, in default, to undergo simple imprisonment for one year, for the offence u/s.376(D) IPC;

• to undergo rigorous imprisonment for ten years and to pay a fine of Rs.10,000/-, each, in default, to undergo simple imprisonment for one year, for the offence u/s.366 IPC;

• to undergo rigorous imprisonment for two years and to pay a fine of Rs.5,000/-, each, in default, to undergo simple imprisonment for three months, for the offence u/s.506(ii) IPC.

Challenging the conviction and sentence, the petitioner / first accused filed Crl.A (MD)No.159 of 2024. Pending the appeal, in order to suspend the sentence, he has moved this miscellaneous petition.

3.Learned Counsel for the petitioner/appellant, by relying upon the order passed by this Court in Crl.MP(MD)No.10498 of 2024, submitted that this Court has already suspended the sentence imposed on the second accused and therefore, prayed for parity.

4.Learned Government Advocate (Crl. Side) appearing for the State raised serious objections and submitted that the petitioner is a history sheeted rowdy having 32 2/6

previous cases to his credit. If the petitioner comes out on bail, then he would indulge in similar offence. Considering the same, this Court has dismissed the earlier application filed by the petitioner for suspending the sentence. There is no change in circumstances and therefore, he prayed for dismissal. 5.This Court considered the submissions made by the learned Counsel on either side and perused the materials placed on record.

6.The cases registered as against the petitioner, according to the State, reads as under:- S.No.

FIR No.

Section of Law Stage Karuppayoorani PS 281/2012 394 IPC 604/2010 323, 341, 506(i) IPC 161/2010 109 CrPC 150/2010 109 CrPC Melur PS 665/2016 147, 148, 302 IPC @ 147, 148, 149, 302 IPC Thirumangalam Town PS 522/2017 147, 148, 294(b), 324, 447 IPC; 3(1) TNPPDL Act @ 147, 148, 294(b), 307, 324, 447, 506(ii) IPC, 3(1) TNPPDL Act Anna Nagar PS 3/6

1950/2021 294(b), 307, 323, 341, 342, 354, 363, 366, 376D IPC; 4 of TNPHW Act @ 294(b), 341, 366, 376D, 506(ii) IPC 1025/2021 25(1)(a) of Arms Act; 399 IPC 311/2021 20(b)(ii)(B), 8(c) of NDPS Act 293/2021 294(b), 323, 324, 341, 506 (ii) IPC 1485/2020 294(b), 323, 324, 341, 427, 452, 506(ii) IPC, 3(1)(r), 3 (1)(s), 3(2)(va) of SC / ST Act 27/2020 392, 397, 506(ii) IPC 1385/2019 75 of TNCP Act 1025/2019 151 CrPC 1058/2018 399 IPC 1340/2017 20(b)(ii)(C), 27(a), 29(1), 8 (c) of NDPS Act 211/2017 109 CrPC 1089/2015 392, 397, 506(ii) IPC 741/2015 392 IPC 67/2014 110(e) CrPC 798/2013 302 IPC 350/2013 75 of TNCP Act 1139/2012 110(d) CrPC 442/2012 294(b), 427, 506(ii) IPC 1705/2011 392 IPC 1100/2011 392 IPC Karimedu PS 4/6

358/2019 147, 152, 186, 336 IPC; 45 (1), 45(2), 45(3) of Prisons Act @ 147, 152, 186, 336, 353 IPC; 3 of TNPPDL Act UI 96/2018 20(b)(ii)(A), 8(c) of NDPS Act; 42 of Prisons Act Sellur PS 749/2014 380, 457 IPC Theppakulam PS 788/2017 25(1A) of Arms Act; 120b, 147, 148, 307, 341 IPC @ 25(1B)(a) of Arms Act;

148, 149, 307, 341 IPC 701/2010 75 of TNCP Act Chrompet PS 83/2011 307 IPC @ 120b, 147, 148, 307, 34, 342, 448 IPC 7.Given the antecedents of the petitioner, he cannot seek parity as that of the relief granted to the second accused. Therefore, this Court is not inclined to entertain this application.

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8.Accordingly, this miscellaneous petition is dismissed. sd/- 26/03/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

gk To 1 THE SESSIONS JUDGE, MAHILA COURT, MADURAI.

2. THE INSPECTOR OF POLICE, ANNA NAGAR POLICE STATION, MADURAI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON,CUDDALORE.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN in CRL A(MD)NO.159 of 2024 Date :26/03/2025 MK/SAR /03.04.2025 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6