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Madras High CourtCRL MP/12449/2025dismissed

Thangaraj v. State By, The Inspector Of Police,

2025-06-30Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.06.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.12449 of 2025 in Crl.A.No. 897 of 2024 Thanagaraj ....

Petitioner Vs State by: The Inspector of Police, Annur Police Station, Coimbatore District ....

Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 420 of Bharatiya Nagarik Suraksha Sanhita, Act 2023 / Section 389(1) Cr.P.C., to suspend the sentence of imprisonment imposed by the Principal Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore in Special C.C.No.61 of 2019 dated 23.02.2023 and release the petitioner on bail till the disposal of the Crl.A.No.897 of 2024.

For Petitioner : Mr.P.Pugalenthi For Respondent : Mr.S.Rajakumar Additional Public Prosecutor 1/4

O R D E R

This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed by the Principal Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore in Special C.C.No.61 of 2019 dated 23.02.2023 and release the petitioner on bail till the disposal of the Crl.A.No.897 of 2024.

2.

The petitioner, who is an accused in Spl.S.C.No.61 of 2019, was convicted and sentenced by the Principal Special Court for Exclusive Trial of cases under POCSO Act, Coimbatore dated 23.02.2023, as follows: Rank of the accused Conviction under Section Sentence awarded Sole accused 5(l), 5(j)(ii) read with 6 of POCSO Act, to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs.10,000/-, in default of payment of fine to undergo simple imprisonment for six months.

363 of IPC to undergo rigorous imprisonment for a period of 5 years and to pay fine of Rs.5,000/- in default of payment of fine to undergo simple imprisonment for six months.

313 of IPC to undergo rigorous imprisonment for a period of two year and to pay a fine of Rs.5,000/- in default of payment of fine to undergo three months simple imprisonment .

39 of POCSO Act To pay compensation of Rs.5,00,000/- to the victim girl.

2/4

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 and also finds that the petitioner had committed very serious and heinous offence as against the victim girl who is aged about 13 years at the time of occurrence. 5.

In the result, the petition for suspension of sentence is dismissed. 30.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order ssd 3/4

G.K.ILANTHIRAIYAN, J.

ssd To

1. The Principal Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore

2. State by: The Inspector of Police, Annur Police Station, Coimbatore District

3. The Public Prosecutor, Madras High Court, Chennai Crl.M.P.No.12449 of 2025 in 30.06.2025 4/4