Dismissed¶30

Santhoshkumar v. The Inspector of Police

Madras HC24 Jun 2025CRL MP/11928/2025

Case brief

AI extract

What is this about?

Madras High Court; G.K. Ilanthiraiyan; Crl.M.P.; suspension of sentence; Section 430 Bharatiya Nagarik Suraksha Sanhita 2023; Section 392 r/w 397 IPC; seven years rigorous imprisonment; S.C.No.358 of 2016 Assistant Sessions Judge Sankari; C.A.No.142 of 2018 II Additional District Judge Salem; Crl.R.C.No.2303 of 2025; Crime No.20 of 2016 Poolampatti P.S.; prima facie case for suspension; very serious offence against victim; bail pending revision denied; petition dismissed 24.06.2025.

What did the court decide?

The petitioner has failed to make out a prima facie case for grant of suspension of sentence. ¶29

Santhoshkumar Vs The Inspector of Police — Madras HC (2025) — LawSathi Research

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Crl.M.P.No.11928 of 2025 in Crl.RC.No.2303 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 24.06.2025

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CORAM:

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THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN

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Crl.M.P.No.11928 of 2025 in Crl.R.C.No.2303 of 2025

Santhoshkumar

..... Petitioner

The Inspector of Police, Poolampatti P.S. Salem District. Crime No.20 of 2016

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..... Respondent

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PRAYER : Criminal Miscellaneous Petition filed under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to suspend the sentene imposed on petitioner passed in S.C.No.358 of 2016 vide Judgment dated 28.08.2018 on the file of learned Assistant Sessins Judge, Sankari and confirmed in C.A.No.142 of 2018 on the file of the II Additional District Judge at Salem vide Judgment dated 17.04.2024 and suspend the sentence and enlarge the petitioner on bail pending disposal of Crl.R.C.No.2303 of 2024.

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For Petitioner : Mr.Raja Mohamed For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

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Page 1 of 4

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https://www.mhc.tn.gov.in/judis

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Crl.M.P.No.11928 of 2025 in Crl.RC.No.2303 of 2025

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ORDER

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This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed by the learned II Additional District Judge, Salem in C.A.No.142 of 2018, dated 17.04.2024, confirming the Judgment dated 28.08.2018 passed in S.C.No.358 of 2016 by the learned Assistant Sessions Judge, Sankari and enlarge the petitioner on bail pending disposal of the above Criminal Revision.

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Heard the learned counsel appearing for the petitioner and perused

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the materials available on record.

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The petitioner is arrayed as A1 in S.C.No.358 of 2016 on the file of the learned Assistant Sessions Judge, Sankari. The petitioner was found guilty of the offence under Section 392 r/w 397 of IPC and he has been convicted and sentenced to undergo rigorous imprisonment for a period of seven years. Aggrieved by the same, the petitioner preferred an appeal in C.A.No.142 of 2018 and the II Additional District Judge, Salem, by an order dated 17.04.2024, dismissed the above appeal, confirming the judgment and

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Page 2 of 4

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https://www.mhc.tn.gov.in/judis

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Crl.M.P.No.11928 of 2025 in Crl.RC.No.2303 of 2025

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sentence imposed by the Trial Court. Aggrieved by the same, the present

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revision has been filed along with the present miscellaneous petition.

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Heard both sides and perused the materials available on record.

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Considering the facts and circumstances of the case, this Court is

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of the view that the petitioner has failed to make out a prima facie case for grant of suspension of sentence. The petitioner has been convicted for having committed a very serious offence against the victim. Therefore, this Court is not inclined to grant suspension of sentence imposed by the Trial Court.

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