Dismissed¶¶21

K. Vijayaraj @ Modi v. the State of Tamilnadu, Rep. by The Deputy Superintendent of Police

Madras HC16 Dec 2025CRL MP(MD)/10930/2025

Case brief

AI extract

What is this about?

K. Vijayaraj @ Modi (petitioner/appellant, Crl.A(MD)No.808 of 2024; Crime No. 18/2023, Seithur PS, Virudhunagar) filed CRL.MP(MD) No.10930 of 2025 under S.430(1) BNSS seeking suspension of sentence imposed by judgment dt. 09.05.2024 in Spl.S.C.No.32 of 2023 (SC/ST (POA) special court, Srivilliputhur) and bail enlargement. Court, poised to dismiss for want of prima facie case, granted counsel's request to withdraw (endorsement recorded); petition dismissed as withdrawn, 16.12.2025, Madurai Bench; bench: G.K. Ilanthiraiyan, J. & R. Poornima, J.

What did the court decide?

Permission to withdraw the criminal miscellaneous petition (counsel's endorsement recorded); no bail or sentence-suspension relief granted. ¶¶21

K. Vijayaraj @ Modi Vs the State of Tamilnadu, Rep. by The Deputy Superintendent of Police — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Permission to withdraw the criminal miscellaneous petition (counsel's endorsement recorded); no bail or sentence-suspension relief granted.

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Issue for consideration

Whether the petitioner-appellant made out a prima facie case warranting suspension of his sentence (imposed in Spl.S.C.No.32 of 2023 by judgment dated 09.05.2024) and enlargement on bail under Section 430(1) BNSS. +1 more

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Court's answer

Before withdrawal was permitted, the Court indicated it was about to dismiss the petition on the ground that the petitioner had failed to make out a prima facie case to suspend his sentence; this indication was overtaken by the withdrawal and never matured into a recorded finding on the bail-suspension merits.

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Ratio / Principle

Permission was granted to the learned counsel to withdraw the criminal miscellaneous petition, with the counsel's endorsement recorded.

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Key takeaways

The Criminal Miscellaneous Petition stands dismissed as withdrawn.ratio¶¶21

Detailed headnote1 paragraphs

CRL.MP(MD) No.10930 of 2025 in Crl.A(MD)No.808 of 2024 | Madurai Bench of Madras High Court | 16.12.2025 | G.K. ILANTHIRAIYAN, J. (order authored) with R. POORNIMA, J. Petitioner K. Vijayaraj @ Modi (confined at Madurai Central Prison), appellant in Crl.A(MD)No.808 of 2024 arising from Crime No. 18/2023 (Seithur Police Station), filed under Section 430(1) BNSS to suspend the sentence imposed by judgment dated 09.05.2024 in Spl.S.C.No.32 of 2023 (Special Court for Trial of SC/ST (POA) Act Cases, Virudhunagar District at Srivilliputhur) and to be enlarged on bail. While the Court was about to dismiss the petition on the ground that he had failed to make out a prima facie case to suspend the sentence, learned counsel sought leave to withdraw and made an endorsement; leave was granted and the petition was dismissed as withdrawn. No adjudication of the suspension/bail merits resulted; the prima-facie-case ground was stated pre-withdrawal and left unadjudicated. No precedent cited or engaged.

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Crl.M.P.(MD) No.10930 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 16.12.2025

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CORAM

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THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA

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CRL.MP(MD) No.10930 of 2025 in Crl.A(MD)No.808 of 2024

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K. Vijayaraj @ Modi, S/o. Kaniraj Indira Nagar, Sundararajapuram Rajapalayam Taluk Virudhunagar District. (Now confined at Madurai Central Prison)

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Petitioner

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Vs.

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THE STATE OF TAMILNADU, Rep. by The Deputy Superintendent of Police, Rajapalayam Sub Division Seithur Police Station Virudhunagar District. (In Crime No. 18/2023) Respondent

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Prayer : Petition filed under Section 430 (1) of BNSS to suspend the sentence imposed in Judgment made in Spl.S.C.No.32 of 2023 on the file of the Special Court for Trial of SC/ST (POA) Act Cases, Virudhunagar District at Srivilliputhur, by Judgment dated 09.05.2024 and enlarge the Appellant on bail.

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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.(MD) No.10930 of 2025

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For Petitioner : Mr.C.Mayil Vahana Rajendran For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor

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O R D E R

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[Order of the Court was made by G.K.ILANTHIRAIYAN, J.]

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When this Court is about to dismiss the petition on the ground

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that he failed to make out a prima facie case to suspend the case, the learned counsel for the petitioner seeks permission of this Court to withdraw this criminal miscellaneous petition. He has also made an endorsement to that effect.

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