Murali Krishnan v. State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-03-2026

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA Crl.M.P.No. 4382 of 2026 in Crl.A.No. 254 of 2026 Murali Krishnan S/o.Desikan, ..Petitioner(s) Vs.

State Rep. by The Inspector of Police Thiruvalam Police Station, Vellore.

..Respondent(s) Prayer: Criminal Miscellaneous Petition filed under Section 430(1) of BNSS, 2023, seeking to suspend the sentence of the petitioner / appellant imposed by the Special Judge, Special Court for Exclusive Trial Cases under POCSO Act, Vellore order dated 6th day of February, 2026 in S.C.No. 136 of 2022. For Petitioner(s):

Mr.G.Babu For Respondent(s):

Ms.J.R.Archana Government Advocate (Crl. Side)

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner / appellant, seeking suspension of sentence, imposed by the learned Special Judge (Special Court for Exclusive Trial cases under POCSO Act, Vellore), vide judgment dated 06.02.2026 in S.C.No.136 of 2022.

2. The conviction and sentence imposed against the petitioner / appellant is as follows:- Under Section Sentence 11(iv) r/w 12 of POCSO Act Two years Rigorous Imprisonment and to pay a fine of Rs.10,000/-, in default, to undergo three (3) months Simple Imprisonment.

506(i) of I.P.C.

One year of rigorous imprisonment and a fine of Rs.5,000/-, in default, to undergo two months Rigorous Imprisonment.

3.According to the learned counsel for the petitioner / appellant, there are arguable points available in the Criminal Appeal, which is not likely to be taken for final hearing in the near future and the petitioner / appellant has got a fair chance of succeeding in the Criminal Appeal and hence, the sentence imposed against the petitioner / appellant may be suspended and the petitioner / appellant may be enlarged on bail. He further submitted that the trial Court, while convicting the petitioner, has suspended the sentence till 08.03.2026.

4. Learned Government Advocate (Crl.Side) appearing for the respondent submitted that the prosecution has proved the case beyond reasonable doubt and the trial Court, on finding the petitioner / appellant guilty, convicted him as stated above. Therefore, he vehemently opposed for grant of suspension of sentence.

5. Heard the learned counsel for the petitioner / appellant and Government Advocate (Crl.Side) appearing for the respondent and perused the materials on record.

6. Considering the facts and circumstances of the case and also considering the submissions made by the learned counsel for the petitioner / appellant, this Court is of the view that the sentence of imprisonment can be suspended on certain conditions. Accordingly, till the disposal of the Criminal Appeal, suspension of sentence is granted, on the following conditions :- i. The petitioner / appellant shall execute bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties, each for a like sum to the satisfaction of the learned Special Judge, Special Court for exclusive Trial cases under POCSO Act, Vellore;

ii.The petitioner / appellant shall appear before the trial Court on the first working day of every English calendar month at 10.30 a.m., until further orders.

7. The Criminal Miscellaneous Petition stands ordered accordingly. 05.03.2026 kas Note : Issue order copy on 06.03.2026

A.D.JAGADISH CHANDIRA, J.

kas To

1. The Special Judge Special Court for exclusive Trial cases under POCSO Act Vellore

2. The Inspector of Police Thiruvalam Police Station Vellore

3. The Public Prosecutor High Court of Madras Chennai 600 104 Crl.M.P.No. 4382 of 2026 in Crl.A.No. 254 of 2026 (2/2) 05-03-2026