Esaki Muthu v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA in Crl.A(MD)No.222 of 2025 Esaki Muthu ... Petitioner/Appellant/Sole Accused Vs.

The State of Tamil Nadu, Represented by its Inspector of Police, Radhapuram Police Station, Tirunelveli District.

(Crime No.197 of 2019).

... Respondent/Respondent/Complainant PRAYER: Petition filed under Section 430 of BNSS, under Section 389 of Cr.P.C. to suspend the sentence imposed on the petitioner in S.C.No.185 of 2021 on the file of the learned First Additional and Sessions Judge, Tirunelveli dated 27.08.2024. For Petitioner : Mr.C.Christopher For Respondent : Mr.T.Senthil Kumar Additional Public Prosecutor 1/4

ORDER

(Order of the Court was made by G.K.ILANTHIRAIYAN, J.) Seeking suspension of the sentence imposed on the petitioner by the learned First Additional and Sessions Judge, Tirunelveli, vide Judgment dated 27.08.2024 in S.C.No.185 of 2021, the petitioner has filed this Criminal Miscellaneous Petition.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioner has failed to make out a prima facie case for grant of suspension of sentence. Hence, we are of the considered opinion that it is not a fit case for granting suspension of sentence to the petitioner.

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4. Accordingly, this Criminal Miscellaneous Petition stands dismissed.

5. Post the Criminal Appeal in the usual course for final hearing.

[G.K.I.J.,] & [R.P.J.,] 08.12.2025 Index :Yes/No Internet :Yes ps To 1.The First Additional and Sessions Judge, Tirunelveli 2.The Inspector of Police, Radhapuram Police Station, Tirunelveli District.

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

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G.K.ILANTHIRAIYAN, J.

AND R.POORNIMA, J.

ps in Crl.A(MD)No.222 of 2025 08.12.2025 4/4