Nithyanandham v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.06.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.10055 of 2025 in Crl.A.No.499 of 2025 Nithyanandham

...Petitioner

Vs.

The State Rep By Inspector of Police W-7, All Women Police Station, Anna Nagar, Chennai (Crime No.3 of 2020 ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 389(1) r/w 439 of Cr.P.C., to suspend the sentence of imprisonment imposed in the judgment dated 21.04.2025 made in Spl.SC.No.106 of 2020 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Chennai and to enlarge the petitioner on bail pending disposal of the above criminal appeal before this Court.

For Petitioner : Mr.R.Dhansekar For Respondent : Mr.S.Raja Kumar Additional Public Prosecutor 1/4

ORDER

This Criminal Miscellaneous Petition has been filed praying to suspend the sentence of imprisonment imposed in the judgment dated 21.04.2025 made in Spl.SC.No.106 of 2020 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Chennai and to enlarge the petitioner on bail pending disposal of the above criminal appeal before this Court.

2.

The case of the prosecution is that the petitioner gave love torture to the victim and he also attempted to kill her. The petitioner was convicted and sentenced by the Special Court for Exclusive Trial of Cases under POCSO Act, Chennai, in Spl.SC.No.106 of 2020, vide judgment dated 21.04.2025, as follows:

Rank of the accused Conviction under Section Sentence awarded Sole accused Section 12 of POCSO Act to undergo imprisonment for a period of 1 year and to pay fine of Rs.5,000/-, in default to undergo simple imprisonment for one month Section 8 r/w 18 of POCSO Act to undergo imprisonment for a period of 2 1⁄2 years and to pay fine of Rs.5,000/-, in default to undergo simple imprisonment for 2/4

Rank of the accused Conviction under Section Sentence awarded one month Section 307 of IPC to undergo imprisonment for a period of 10 years and to pay fine of Rs.10,000/-, in default to undergo simple imprisonment for three months 3.

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. 4.

This Court finds no reasons to suspend the sentence since the Trial Court has gone through the evidence in its entirety. Further, the petitioner gave love torture to the victim and he also attempted to do away the life of the victim by slitting the neck of the victim by using a knife. Therefore, this Court is not inclined to entertain this petition. 5.

Accordingly, this petition is dismissed.

06.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok G.K.ILANTHIRAIYAN, J.

3/4

lok To 1.The Special Court for Exclusive Trial of Cases under POCSO Act, Chennai 2.Inspector of Police W-7, All Women Police Station, Anna Nagar, Chennai 3.The Public Prosecutor, High Court of Madras, Chennai.

Crl.M.P.No.10055 of 2025 in Crl.A.No.499 of 2025 06.06.2025 4/4