Josua Immanuel Raja v. State Of Tamilnadu Rep By Inspector Of Police, Thalaiyuthu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 17/12/2025

CORAM

THE HONOURABLE MRS. JUSTICE N.MALA in CRL A(MD)No.1308 of 2025 Josua Immanuel Raja ... Petitioner Vs State of Tamilnadu, Rep by the Inspector of Police, Thalaiyuthu Police Station, Thalaiyuthu, Tirunelveli District.

(Crime No.324/2016) ... Respondent PRAYER:- To suspend the sentence of Imprisonment imposed in Spl.S.C.No.296 of 2017 on the file of the Learned Sessions Judge/3rd Additional Sessions Judge, Mahila Neethimandram, (Full in Charge) Tirunelveli dated 27.03.2025 and enlarge the petitioner/appellant on bail, pending disposal of the above said criminal appeal. For Petitioner : M/s.Maharajan V For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor 1/5

ORDER

This petition has been filed to suspend the sentence of imprisonment for seven years imposed in Spl.S.C.No.296 of 2017 on the file of the learned Sessions Judge/3rd Additional Sessions Judge, Mahila Court, Tirunelveli, dated 27.03.2025 and enlarge the petitioner on bail. 2.The petitioner was charged for the offences under Section 366, 406, 354(b), 376, 383 of IPC and Section 66(e) of Information Technology Act and sentenced as follows:

S.No.

Offence Sentence Fine In default sentence 1.

Section 366 of IPC 7 years of rigorous imprisonment Rs.1,000/- One month simple imprisonment 2.

Section 406 of IPC 2 years of rigorous imprisonment Rs.1,000/- One month simple imprisonment Section 354(b) of IPC 3 years of rigorous imprisonment Rs.1,000/- One month simple imprisonment Section 376 of IPC 7 years of rigorous imprisonment Rs.50,000/- One month simple imprisonment Section 383 of IPC 3 years of rigorous imprisonment Rs.1,000/- One month simple imprisonment 2/5

Section 66(e) of Information Technology Act 2 years of rigorous imprisonment

3. The petitioner has filed the petition for suspension of sentence stating that he will produce substantial sureties and to abide by the terms and conditions imposed by this Court.

4.The respondents filed a counter affidavit stating that the petitioner is involved in the following criminal cases. S.No.

Name of the Station Cr.No.

Sec of law Stage 1.

Melapalayam 335/2022 419, 420 IPC PT 2.

Thalaiyuthu 328/2016 294(b), 341, 506(2) IPC & 4 f TNPHW Act Disposed Thalaiyuthu 322/2016 342, 354B, 406, 420 IPC & 66[E] IT Act @ 34, 342, 354B, 406, 420 IPC & 66[E] IT Act PT Manur 506/2017 294(b), 387, 506(2) IPC Disposed 5.The respondents further stated that if the petitioner is released on bail, he may abscond and evade the due process of law. 3/5

6.The Trial Court after examining the entire materials on record convicted the petitioner as aforesaid. This Court does not find any prima facie case for suspending the sentence. Therefore, this Court is not inclined to suspend the sentence. Hence, this petition stands dismissed. 17.12.2025 SN TO 1.The learned Sessions Judge/3rd Additional Sessions Judge, Mahila Court, Tirunelveli.

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

4/5

N.MALA,J SN

ORDER

IN CRL MP(MD) No.19097 of 2025 Date : 17/12/2025 5/5