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Madras High CourtCRL MP(MD)/9630/2025dismissed

M.Somasundaram v. The State Of Tamilnadu

2025-12-10Honourable Mr Justice G.K. Ilanthiraiyan,Honourable Ms.Justice R. Poornima4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.12.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CRL.MP(MD) No.9630 of 2025 in Crl.A(MD)No.553 of 2025 M.Somasundaram : Petitioner/Appellant/A1 Vs.

1.The State of Tamil Nadu rep. through its Revenue Divisional Officer, Thoothukudi, Thoothukudi District. : Respondent/Respondent Prayer: Petition filed under Section 430(1) of BNSS 2023 ( U/s.389(1) of the Criminal Procedure Code) to suspend the sentence and conviction made in the judgment in SC No.223 of 2006 on the file of the I Additional District and Sessions Judge, Thoothukudi, dated 05/04/2025 pending disposal of the instant criminal appeal.

For Petitioner : Mr.Ashok Kumar Senior Counsel for Mr.N.Ananda Kumar For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor Assisted by Mr.D.Srinivasaraghavan

O R D E R

[Order of the Court was made by G.K.ILANTHIRAIYAN, J.] This criminal miscellaneous petition has been filed seeking to suspend the sentence imposed on the petitioner/A1 by the I Additional District and Sessions Judge, Thoothukudi, in S.C.No.223 of 2006, dated 05/04/2025 and to enlarge the petitioner on bail pending disposal of the criminal appeal.

2.The petitioner/A1 stands convicted and sentenced as under:- Section of Law Sentence of imprisonment Fine amount 302 IPC Life Imprisonment Rs.10,000/-, in default to undergo 3 months SI 3.Heard the learned counsel on either side and perused the materials available on record.

4.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.

[G.K.I., J.] & [R.P., J.] 10.12.2025 NCC : Yes / No Index : Yes / No er

G.K.ILANTHIRAIYAN , J.

AND R.POORNIMA, J .

er To,

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

2.The Revenue Divisional Officer, Thoothukudi.

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

CRL.MP(MD) No.9630 of 2025 in Crl.A(MD)No.553 of 2025 10.12.2025