Kingslin Devakumar v. The State Of Tamilnadu, Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Kingslin Devakumar S/o.Mariyalouis ....Petitioner Vs The State of Tamil Nadu Represented by the Inspector of Police, AWPS, Jayankondam, Crime No.04 of 2021.

.... Respondent Prayer: Criminal Miscellaneous Petition is filed under Section 430(1) of BNSS, 2023, to suspend the sentence in the judgment dated 26.09.2024 in Spl.S.C.No.07 of 2021 passed by the Court of the learned Sessions Judge, Fast Track Mahila Court at Ariyalur pending disposal of the above appeal.

For Petitioner(s) : Mr.M.S.Ramesh For Respondent(s) : Ms.G.V.Kasthuri Additional Public Prosecutor 1/5

O R D E R

This criminal miscellaneous petition has been filed seeking to suspend the sentence of imprisonment imposed on the petitioner by the learned Sessions Judge, Fast Track Mahila Court, Ariyalur in Spl.S.C.No.07 of 2021 dated 26.09.2024 and enlarge him on bail, pending disposal of the above Criminal appeal.

2. The petitioner/ appellant who was arrayed as accused in Spl.S.C.No.07 of 2021 on the file of the Fast Track Mahila Court, Ariyalur, was found guilty and convicted and sentenced for the offence under Section 8 of POCSO Act to undergo imprisonment for a period of five years and to pay a fine of Rs.5,000/-, in default, to undergo six months simple imprisonment and for the offence under Section 12 of POCSO Act to undergo imprisonment for a period of three years and to pay a fine of Rs.3,000/-, in default, to undergo three months simple imprisonment. Now the present petition is filed to suspend the sentence and enlarge the petitioner on bail, till the disposal of the main appeal. 2/5

3. Heard both sides and perused the materials available on record.

4. Considering the facts and circumstances of the case and also considering the fact that the offences committed by the petitioner are serious in nature, this Court is not inclined to suspend the sentence at this stage and the main appeal will be taken up for consideration. Hence, the miscellaneous petition is dismissed.

12.02.2025 Index : Yes/No Speaking Order : Yes/No ms 3/5

To

1. The Sessions Judge, Fast Track Mahila Court, Ariyalur.

2. The Superintendent of Prison, Central Prison, Trichy.

3. The Inspector of Police, All Women Police Station, Jayankondam.

4. The Public Prosecutor, High Court, Madras.

4/5

P.VELMURUGAN, J ms 12.02.2025 (2/2) 5/5