K.Ganesh v. The State Of Tamilnadu Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.12.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN and THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN K.Ganesh ... Petitioner Vs.

State represented by The Inspector of Police, Anaimalai Police Station, Coimbatore.

...Respondent

Cr.No.174/2019 Prayer: This Criminal Miscellaneous Petition has been filed seeking suspension of sentence imposed on the petitioner by the learned Sessions Judge, Special Court for exclusive trial of cases under Protection of Children from Sexual Offences Act, 2012, Coimbatore, made in Spl.S.C.No.10 of 2020 by judgment dated 16.10.2020 and enlarge him on bail.

For Petitioner : Mr.H.Manojin For Respondent : Mr.A.Damodaran, Additional Public Prosecutor ******* 1 / 4

ORDER

(Order of the Court was made by P.VELMURUGAN, J.) This Criminal Miscellaneous Petition has been filed seeking suspension of sentence imposed on the petitioner by the learned Sessions Judge, Special Court for exclusive trial of cases under Protection of Children from Sexual Offences Act, 2012, Coimbatore, made in Spl.S.C.No.10 of 2020 by judgment dated 16.10.2020. In this case the petitioner/accused is none other than the father of the victim child, who sexually abused the victim child when she is alone in the home. Further the statement of the victim child recorded under Section 164 Cr.P.C. by the learned Magistrate clearly reveals prima facie case against the petitioner/accused. Therefore if the petitioner/accused is granted the relief of suspension of sentence, the normal life of the victim child would be in question, since the petitioner/accused is the father of the victim child.

Considering the above facts and the serious nature of offence, this Court is not inclined to grant the relief of suspension of sentence to the petitioner. Accordingly this miscellaneous petition stands dismissed. 2 / 4

Registry is directed prepare typed set of papers before the next date of hearing.

List the matter after four weeks.

[PVJ] [MJRJ] 12.12.2025 cgi To

1. The Sessions Judge, Special Court for exclusive trial of cases under POCSO Act, Coimbatore.

2. The Inspector of Police, Anaimalai Police Station, Coimbatore. 3.The Public Prosecutor, Madras High Court.

3 / 4

P.VELMURUGAN. J.

and M.JOTHIRAMAN, J.

cgi 12.12.2025 4 / 4