Dhandapani v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-02-2026
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN CRL A NO. 1216 OF 2024 Dhandapani S/o.Murugesan, D.No.24E, Tank Pet Line, TNAU Back side, S.N.Palayam, Coimbatore. At Present confined at Central Prison Coimbatore.
Petitioner(s) Vs State rep.by, The Inspector of Police, All Women Police Station, West, Coimbatore City. Cr.No.02/2021.
Respondent(s) PRAYER Criminal Miscellaneous Petition filed under Section 430(1) of BNSS, 2023, praying to suspend the sentence imposed on the petitioner in Spl.C.C.No.52 of 2021 on the Principal Special Court for Exclusive trial of cases under POCSO Act, Coimbatore by an dated 21.05.2025 and enlarge the petitioner on bail, pending disposal of the Criminal Appeal. For Petitioner(s):
Mr.Swami Subramanian For Respondent(s):
Mr.S.Balaji, Government Advocate (Criminal Side) 1 / 4
ORDER
This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed on the petitioner by judgment dated 21.05.2025 passed in Special C.C.No.52 of 2021 by the learned Principal Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore, pending disposal of the above criminal appeal, and to enlarge the petitioner on bail.
2. The petitioner/Accused in Special C.C.No.52 of 2021 was convicted by the Trial Court by judgment dated 21.05.2025, for the following offence: Conviction under Section Sentence awarded To undergo rigorous imprisonment for twenty years and to pay a fine of Rs.10,000/- and in default to undergo simple imprisonment for one year.
5(m) punishable under Section 6(1) of the Protection of Children from Sexual Offences Act, 2012 and Section 376(3) of IPC
3. The case of the prosecution is that the petitioner, who is a neighbour, had taken the victim girl, aged about 7 years, to his house and made her sit on his lap and inserted his finger into the genital parts of the victim girl and thus committed the aforesaid offences.
4. Learned counsel for the petitioner would submit that there are several grounds and that the petitioner is in custody from 21.05.2024. This Court finds 2 / 4
from the impugned judgment and the evidence produced that the prosecution has proved its case by the evidence of the victim, which is corroborated by the evidence of the Doctor and also corroborated by the evidence of the victim's mother, PW2.
5. Considering the nature and seriousness of the offence, this Court is not inclined to entertain the suspension of sentence at this stage.
6. Hence, this Criminal Miscellaneous Petition stands dismissed. 13-02-2026 cda To 1.The Principal Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore. 2.The Inspector of Police, All Women Police Station, West, Coimbatore City.
3.The Public Prosecutor, High Court, Madras.
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SUNDER MOHAN J.
cda AND CRL A NO. 1216 OF 2024 13-02-2026 4 / 4