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Madras High CourtCRL MP(MD)/4940/2025dismissed

Kannan @ Kp.Karuppu v. The State Of Tamilnadu

2026-03-26Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :26.03.2026

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Crl.MP(MD) No.4940 of 2025 in Kannan @ KP.Karuppu ... Petitioner Vs The State of Tamilnadu, Rep. by the Inspector of Police, Odaipatti Police Station, Theni District.

Crime No.17 of 2018.

... Respondent Prayer :- This Criminal Miscellaneous Petition is filed under Section 430(1) of BNSS, 2023 to suspend the sentence imposed on the petitioner in SC No.16 of 2021, dated 11.07.2023 by the Mahila Court (Fast Track), Theni and enlarge him on bail.

For Petitioner : Mr.R.Vignesh For Respondent : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl.side) 1/6

O R D E R

The petitioner /accused in SC No.16 of 2021, on the file of the Mahila Court (Fast Track), Theni, has approached this Court, seeking suspension of sentence imposed on him by the trial Court, for the offence under Section 397 IPC & 450 IPC.

2.The case of the prosecution is that at knife point, the petitioner along with the other accused robbed Mangalsutra and ATM card of the defacto complainant in her house and also caused injuries to her and her husband.

3.Considering the nature offence, this Court, by its order, dated 19.09.2024 has dismissed the earlier application filed by this petitioner, for suspension of sentence. This is the second application filed by him.

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4.The learned counsel appearing for the petitioner submits that as per the prosecution case, the petitioner along with other accused has robbed the Mangalsutra and ATM card, however, ATM card was not recovered and no CCTV footage has been produced before the trial Court. He further submits that the petitioner is languishing in jail from the date of judgment, i.e. on 11.07.2023.

5.In reply, the learned Government Advocate appearing for the respondent submits that the recovered gold jewelleries, marked as M.O.3, M.O.4 and M.O.5 were produced before the trial Court and the same were handed over to the victim on interim custody. The learned Government Advocate further submits that apart from this case, the petitioner has also involved in similar other cases in Crime Nos.15 of 2019, 16 of 2019, 17 of 2019 and 19 of 2019, on the file of Theppakulam Police Station.

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6.Considering the nature of offence, the antecedents of this petitioner, this Court is not inclined to grant suspension of sentence. Accordingly, this Criminal Miscellaneous Petition is dismissed. 26.03.2026 Index : Yes/No vrn 4/6

To 1.The Inspector of Police, Odaipatti Police Station, Theni District.

2.The Superintendent, Central Prison, Madurai.

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B.PUGALENDHI, J., vrn Order made in Crl.MP(MD) No.4940 of 2025 in 26.03.2026 6/6