Balakrishnan @ Bala v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.07.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN in Crl.A.No.1621 of 2023 Balakrishnan @ Bala

...Petitioner

Vs.

State Rep by The Inspector of Police, All Women Police Station (Central), Coimbatore.

(Crime No. 10/2018) ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 389(1) of Criminal Procedure Code to suspend the sentence imposed against the petitioner on 27.08.2021 in Spl. C.C. No.69 of 2019 on the file of the Learned Special Judge for Exclusive Trial of Cases under POCSO Act, Coimbatore and release the petitioner on bail till the disposal of the Criminal Appeal.

For Petitioner : Mr.P. Pugalenthi For Respondent : Mr.S.Raja Kumar Additional Public Prosecutor

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed by the Learned Special Judge for Exclusive Trial of Cases under POCSO Act, Coimbatore in Spl. C.C. No.69 of 2019 dated 27.08.2021, and enlarge the petitioner on bail pending disposal of the above appeal.

2. The petitioner herein is the accused in Spl.S.C.No.69 of 2019 on the file of the Learned Special Judge for Exclusive Trial of Cases under POCSO Act, Coimbatore. He was found guilty for the offences punishable under Section 450 of I.P.C and Section 6 of POCSO Act. He has been convicted and sentenced to undergo rigorous imprisonment for a period of ten years each and to pay a fine of Rs.10,000/- in default to undergo rigorous imprisonment for a period of two years for the offences under Section 450 of I.P.C and he has also been convicted and sentenced to

undergo twenty years of rigorous imprisonment and to pay a fine of Rs.10,000/- in default to undergo rigorous imprisonment for a period of two years for the offences under Section 6 of POCSO Act. Aggrieved by the same, the present appeal has been filed.

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 has committed very serious and heinous offence as against the minor victim girl who is aged about 16 years at the time of occurrence. 5.

In the result, the petition for suspension of sentence is dismissed.

17.07.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Nhs

G.K.ILANTHIRAIYAN, J.

NHS To 1.The Special Judge for Exclusive Trial of Cases under POCSO Act, Coimbatore.

2. The Inspector of Police, All Women Police Station (Central), Coimbatore.

3.The Public Prosecutor, High Court of Madras.

4. The Superintendent, Central Prison, Coimbatore.

in Crl.A.No.1621 of 2023 17.07.2025