Dismissed¶¶39

Narayanan v. State by

Madras HC3 Jul 2025CRL MP/1418/2025

Case brief

AI extract

What is this about?

Suspension of sentence refused; exemption from surrender refused; Madras High Court; BNSS 2023 Sections 438(1), 483 and 428; Crl.A.No.42 of 2024 (Sessions Judge, Dharmapuri, judgment dated 18.12.2024); C.C.No.242 of 2023 (District Munsif cum Judicial Magistrate, Karimangalam, judgment dated 01.07.2024); Cr.No.988/2020 Karimangalam Police Station, Dharmapuri District; petitioner Narayanan; counsel M.R. Elavarasan for petitioner and A. Gopinath, Government Advocate (Crl.side); single-judge order of G.K. Ilanthiraiyan J. dated 03.07.2025; both Crl.M.Ps. dismissed; Trial Court directed to secure the petitioner; criminal revision Crl.R.C.No.187 of 2025 pending.

What did the court decide?

The Court found no prima facie case to suspend the sentence imposed on the petitioner, since the petitioner had committed a very serious offence. ¶¶34

Narayanan Vs State by — Madras HC (2025) — LawSathi Research

¶1

Crl.M.P.Nos.1418 & 12907 of 2025 in Crl.R.C.No.187 of 2025

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 03.07.2025

¶4

CORAM:

¶5

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

¶6

Crl.M.P.Nos.1418 & 12907 of 2025

¶7

in Crl.R.C.No.187 of 2025

¶8

Narayanan

¶9

... Petitioner in both petitions

¶10

¶11

State by, Inspector of Police, Karimangalam Police Station, Dharmapuri District. (Cr.No.988/2020). ... Respondent in both petitions

¶12

Prayer in Crl.M.P.No.1418 of 2025: Criminal Miscellaneous Petition is filed under Section 438(1) & 483 of BNSS, 2023, to suspend the sentence imposed in judgment dated 18.12.2024 made in Criminal Appeal No.42 of 2024 passed by learned Sessions Judge, Dharmapuri by confirming the judgment dated 01.07.2024 passed by learned District Munsif cum Judicial Magistrate, Karimangalam in C.C.No.242 of 2023 and enlarge the petitioner on bail pending disposal of this Revision.

¶13

Prayer in Crl.M.P.No.12907 of 2025: Criminal Miscellaneous Petition is filed under Section 428 of BNSS, 2023, pleased to passed an order of

¶14

Page No.1 of 6

¶15

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

¶16

Crl.M.P.Nos.1418 & 12907 of 2025 in Crl.R.C.No.187 of 2025

¶17

exemption to surrender the petitioner before the Lower Court in pursuant to the judgement dated 18.12.2024 in Crl.A.No.42 of 2024 on the file of the learned Sessions Judge, Dharmapuri by confirming the Judgement made in C.C.No.242 of 2023 on 01.07.2024, on the file of the learned District Munsif cum Judicial Magistrate Court, Karimangalam.

¶18

In both Petitions

¶19

For Petitioner : Mr.M.R.Elavarasan For Respondent : Mr.A.Gopinath Government Advocate (Crl.side)

¶20

¶21

COMMON ORDER

¶22

Crl.M.P.No.1418 of 2025 has been filed t o suspend the

¶23

sentence imposed in judgment dated 18.12.2024 made in Criminal

¶24

Appeal No.42 of 2024 passed by learned Sessions Judge, Dharmapuri by confirming the judgment dated 01.07.2024 passed by learned District

¶25

Munsif cum Judicial Magistrate, Karimangalam in C.C.No.242 of 2023.

¶26

2. Crl.M.P.No.12907 of 2025 has been filed t o exempt the

¶27

petitioner from surrendering before the Lower Court in pursuant to the judgement dated 18.12.2024 in Crl.A.No.42 of 2024 on the file of the

¶28

Page No.2 of 6

¶29

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

¶30

Crl.M.P.Nos.1418 & 12907 of 2025 in Crl.R.C.No.187 of 2025

¶31

learned Sessions Judge, Dharmapuri by confirming the Judgement made in C.C.No.242 of 2023 on 01.07.2024, on the file of the learned District Munsif cum Judicial Magistrate Court, Karimangalam.

¶32

Heard both sides and perused the materials available on

¶33

record.

¶34

4. Considering the submissions made by the learned counsel on either side, this Court finds no prima facie case to suspend the sentence imposed on the petitioner, since the petitioner had committed very serious offence. Therefore, this Court is not inclined to suspend the sentence imposed by the Court of the District Munsif cum Judicial Magistrate, Karimangalam in C.C.No.242 of 2023 dated 01.07.2024 and confirmed by the judgment in Crl.A.No.42 of 2024 dated 18.12.2024 passed by the Court of Sessions Judge, Dharmapuri. This Court also not inclined to exempt the petitioner from surrendering before the Trial Court.

¶35

Page No.3 of 6

¶36

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

¶37

Crl.M.P.Nos.1418 & 12907 of 2025 in Crl.R.C.No.187 of 2025

¶38

5. Accordingly, these Criminal Miscellaneous Petitions are

¶39

dismissed. The Trial Court is directed to secure the petitioner, in order to comply with the conviction and sentence imposed by the Trial Court, which was also confirmed by the appellate Court.

¶40

03.07.2025 (2/2)

¶41

Internet:Yes Index:Yes/No Speaking/Non speaking order sp

¶42

Page No.4 of 6

¶43

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

¶44

Crl.M.P.Nos.1418 & 12907 of 2025 in Crl.R.C.No.187 of 2025

¶45

¶46