Madras High CourtCRL MP/12636/2025dismissed

Thangavel @ Siva v. The State Rep By, The Inspector Of Police,

2025-07-01Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.07.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN in Crl.A.No.751 of 2025 Thangavel @ Siva ... Petitioner/Appellant Vs.

1. The State Represented by, The Inspector of Police, Erode South Police Station, Erode District.

(Crime No.450 of 2019)

2. Chinnu ... Respondents PRAYER : Criminal Miscellaneous Petition filed under Section 430 of BNSS, to suspend the sentence imposed by the learned Sessions Judge, Magalir Neethi Mandram (Fast Track Mahila Court), Erode in Special S.C.No.33 of 2020 dated 16.12.2024 and enlarge the petitioner on bail pending disposal of the Criminal Appeal.

For Petitioner : Mr.S.Parthasarathy For R1 : Mr.A.Gopinath, Government Advocate (Criminal Side) For R2 : Mr.R.Thirumurthy

O R D E R

This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed by the learned Sessions Judge, Magalir Neethi Mandram (Fast Track Mahila Court), Erode, in Special S.C.No.33 of 2020 on 16.12.2024, and enlarge the petitioner on bail pending disposal of the above appeal.

2. The petitioner, who is an accused in Special S.C.No.33 of 2020, was convicted and sentenced by the learned Sessions Judge, Magalir Neethi Mandram (Fast Track Mahila Court), Erode, vide judgment dated 16.12.2024, as follows:

Conviction under Section Sentence awarded 5(l) r/w 6 of Protection of Children from Sexual Offences Act, 2012 to undergo rigorous imprisonment for a period of 20 years and to pay a fine of Rs.5000/- in default to undergo simple imprisonment of three months.

3. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police.

4. This Court finds that the petitioner failed to make out the prima facie case for suspension of sentence. Further the petitioner had committed very serious and heinous offence as against the victim. Therefore, this Court is not inclined to entertain this petition.

5. In the result, the petition for suspension of sentence is dismissed. 01.07.2025 (2/2) ham To

1. The Sessions Judge, Magalir Neethi Mandram (Fast Track Mahila Court), Erode.

2. The Inspector of Police, Erode South Police Station, Erode District.

3. The Public Prosecutor, High Court of Madras.

G.K.ILANTHIRAIYAN, J.

ham 01.07.2025 (2/2)