Arumugam v. The Deputy Superintendent Of Police, Virudhunagar, Virudhunagar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R. POORNIMA in Crl.A(MD)No.125 of 2024 Arumugam ...

Petitioner /Appellant Vs.

1.The Deputy Superintendant of Police, Thiruchuli Utkottam, Virudhunagar District.

2.Vennila

...Respondents/Respondents

Prayer : Petition filed under Section 430 (1) of BNSS to suspend the sentence imposed on the petitioner as per the judgment made in Spl.S.C.No.19 of 2021 on the file of the Additional Mahila and Sessions Judge, Srivilliputhur, dated 29.12.2023. For Petitioner : Mr.R.Rajamohan For Respondent : Mr.B.Nambi Selvan- for R1 Additional Public Prosecutor 1/3

Mrs.G.Prabhahari - for R2 Legal Aid Counsel

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] Seeking to suspend the sentence imposed on the petitioner by the Additional Mahila and Sessions Judge, Srivilliputhur, vide Judgment dated 29.12.2023 in Spl.S.C.No.19 of 2021, he has filed this Criminal Miscellaneous Petition.

2. This Court in earlier application in Crl.M.P.(MD)No.1803 of 2024 dated 20.11.2024 had made a specific observation that it is satisfied that no case has been made out for suspending the sentence imposed on the petitioner.

3. Further, the learned counsel appearing for the complainant/ 2nd respondent would vehemently oppose for grant of bail to the petitioner. 4.

The learned Additional Public Prosecutor appearing for the respondent - Police, would submit that the prosecution case against the petitioner rests on DNA evidence, thereby, he would vehemently oppose for grant of bail to the petitioner.

5. We find that this is not a fit case for grant of suspension of sentence to 2/3

the petitioner. Accordingly, this Criminal Miscellaneous Petition is dismissed.

6. Post the criminal appeal in the usual course. sd/- 04/08/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

rm TO

1. The Additional Mahila and Sessions Judge, Srivilliputhur.

2. The Superintendent, Central Prison, Madurai.

3.The Deputy Superintendent of Police, Thiruchuli Utkottam, Virudhunagar District.

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

ORDER

IN CRL MP(MD) No.7523 of 2025 IN CRL A(MD) No.125 of 2024 Date :04/08/2025 HPS/22.08.2025 3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3