Dismissed¶31

Vijayakumar v. State of Tamil Nadu rep by the Inspector of Police

Madras HC17 Jul 2025CRL MP/13361/2025

Case brief

AI extract

What is this about?

Madras High Court dismissed Crl.M.P.No.13361 of 2025 in Crl.A.No.1001 of 2025 filed under Sections 389(2) and 439 Cr.P.C. seeking suspension of sentence. Petitioner Vijayakumar, sole accused in C.C.No.91 of 2018 (Crime No.148/2018, Vaelampalayam Police Station, Tirupur), convicted under Section 323 IPC to three months' simple imprisonment by Additional Mahila Court, Tiruppur (30.10.2023), confirmation upheld by Principal Sessions Judge, Tiruppur in C.A.No.309 of 2023 (21.03.2025). No prima facie case for suspension made out; petitioner to be secured to undergo sentence. Keywords: suspension of sentence, Section 389(2) Cr.P.C., Section 439 Cr.P.C., Section 323 IPC, voluntarily causing hurt, Tiruppur, dismissal.

What did the court decide?

This Court finds no reasons to suspend the sentence. ¶29

Vijayakumar Vs State of Tamil Nadu rep by the Inspector of… — Bail and Remand | Madras HC (2025)

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Crl.M.P.No.13361 of 2025 in Crl.A.No.1001 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 17.07.2025

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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.13361 of 2025

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in Crl.A.No.1001 of 2025

Vijayakumar

...Petitioner

Vs.

The State of Tamilnadu Rep By the Inspector of Police Vaelampalayam Police Station, Tirupur Crime No. 148/2018

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... Respondent

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PRAYER : Criminal Miscellaneous Petition filed under Section 389(2) & 439 of Cr.P.C., to suspend the sentence imposed on the petitioner in C.A.No.309 of 2023 on the file of the learned Principal Sessions Judge, Tiruppur dated 21.03.2025 confirming the Judgment passed in C.C.No.91 of 2018 on the file of the Additional Mahila Court Judicial Magistrate Level, Tiruppur dated 30.10.2023 pending disposal of this Revision.

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Page 1 of 5

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

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Crl.M.P.No.13361 of 2025 in Crl.A.No.1001 of 2025

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For Petitioner : Mr.S.Prabhu

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For Respondent : Mr.A.Gopinath Govt. Advocate (Crl.Side) ORDER

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This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed on the petitioner in C.A.No.309 of 2023 on the file of the learned Principal Sessions Judge, Tiruppur dated 21.03.2025 confirming the Judgment passed in C.C.No.91 of 2018 on the file of the Additional Mahila Court Judicial Magistrate Level, Tiruppur dated 30.10.2023 pending disposal of this Revision.

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The petitioner, who is an accused in C.C.No.91 of 2018, was convicted and sentenced by the learned Judicial Magistrate, Additional Mahila Court at Magisterial Level, Tiruppur vide judgment dated 30.10.2023 and the same has been confirmed by the learned Principal Sessions Judge, Tiruppur in Crl.A.No.309 of 2023 dated 21.03.2025, as follows:

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Rank of	Conviction under	Sentence awarded
the accused	Section
Sole	Section 323 of	to undergo three months of

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Page 2 of 5

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

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Crl.M.P.No.13361 of 2025 in Crl.A.No.1001 of 2025

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Rank of Conviction under Sentence awarded the accused Section

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accused IPC simple imprisonment

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Heard the learned counsel for the petitioner and the learned

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Government Advocate (Crl.Side) for the respondent.

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This Court finds no reasons to suspend the sentence since the

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Trial Court has gone through the evidence in its entirety and awarded punishment, also the petitioner failed to make out a prima facie case to suspend the sentence.

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In the result, the petition for suspension of sentence is dismissed. Further, the respondent is directed to secure the petitioner in order to undergo the conviction and sentence imposed by the trial court and

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confirmed by the appellate court.

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17.07.2025 (2/2) Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order ssd

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Page 3 of 5

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

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Crl.M.P.No.13361 of 2025 in Crl.A.No.1001 of 2025

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