Dismissed

Eswaran v. The State of Tamil Nadu

Madras HC18 Aug 2025CRL MP(MD)/1032/2025

Case brief

AI extract

What is this about?

Petitioner filed a S suo motu petition under Section 438(1) B.N.S.S. to suspend his sentence pending disposal of a criminal revision. The High Court dismissed the petition, finding no ground for suspension given that the victim sustained a grievous stab wound proven by evidence and medical certificate., directing the police to secure the petitioner.

What did the court decide?

Petition dismissed; no sentence suspension granted; petitioner directed to be secured by police.

Eswaran Vs The State of Tamil Nadu — Criminal Trial and Appeal | Madras HC (2025)

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CRL MP(MD) No.1032 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 18.08.2025

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CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

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CRL MP(MD) No.1032 of 2025 in CRL RC(MD) No.94 of 2025

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Eswaran

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...Petitioner/Petitioner

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State of Tamilnadu rep. by its The Inspector of Police, North Police Station, Kambam, Theni District. (Crime No.321/2024) ... Respondent/Respondent

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For Petitioner: Mrs.J.Vasanthi, Advocate

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For Respondent: Mr.M.Sakthikumar Government Advocate (Criminal Side)

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Prayer in CRL MP(MD).1032 of 2025 :

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This Criminal Miscellaneous Petition filed under Section 438(1) B.N.S.S. praying to suspend the sentence of the petitioner imposed by judgment dated 09.07.2024 in S.C No.150 of 2017 on the file of the learned Assistant Sessions Judge, Uthamapalayam, Theni confirmed in judgment dated 26.11.2024 made in Crl.A.No.119/2024 on the file of the Additional District cum Sessions Court, Theni, https://www.mhc.tn.gov.in/judis

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CRL MP(MD) No.1032 of 2025

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pending disposal of the above criminal revision case. ORDER

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This Criminal Miscellaneous Petition has been filed to suspend the sentence of

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the petitioner imposed by judgment dated 09.07.2024 in S.C No.150 of 2017 on the file

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of the learned Assistant Sessions Judge, Uthamapalayam, Theni confirmed in judgment dated 26.11.2024 made in Crl.A.No.119/2024 on the file of the Additional District cum Sessions Court, Theni, pending disposal of the above criminal revision case.

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I do not find any ground to suspend the sentence for the reason that the P.W.2 who is the injured victim had clearly deposed that he was stabbed in his stomach by using a knife which was duly recovered and the weapon was marked as material object no.1. That apart, the Wound Certificate which is marked as Exhibit P.8 would also reveal the fact that the injury is grievous in nature. In view of the same, I do not find any ground to suspend the sentence of the petitioner and hence, this petition is dismissed. The respondent police is directed to secure the petitioner herein.

sd/-

18/08/2025

/ TRUE COPY /

/2025

Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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

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CRL MP(MD) No.1032 of 2025

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gbg TO

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1 The Additional District Cum Sessions Judge, Theni.

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2 The Assistant Sessions Judge, Uthamapalayam, Theni.

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3 The Inspector of Police, North Police Station, Kambam, Theni District.

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

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ORDER IN CRL MP(MD) No.1032 of 2025

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CRL RC(MD) No.94 of 2025 Date :18/08/2025

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NBF/SAR- /26+/08/2025/ 3P/5C

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Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023

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

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Eswaran v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

Eswaran v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

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