T.Kannan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2026

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CRL.MP(MD) No.797 of 2026 in Crl.A(MD)No.746 of 2023 T.Kannan : Petitioner/Appellant/Sole Accused Vs.

The State rep. By The Inspector of Police, Seithunganallur Police Station, Thoothukudi District.

(Crime No.147/2015) : Respondent/Respondent/Complainant Prayer: Criminal Miscellaneous Petition filed under Section 430(1) and (2) of BNSS to suspend the sentence imposed on the petitioner in Special SC No.109 of 2019, dated 17/03/2023 by the Sessions Judge, Special Court for Exclusive Trial Cases under POCSO Act, Thoothukudi and to enlarge the petitioner on bail, pending disposal of the above said criminal appeal. For Petitioner : Mr.A.D.Ganeshamoorthi For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

O R D E R

[Order of the Court was made by G.K.ILANTHIRAIYAN, J.] This criminal miscellaneous petition has been filed seeking to suspend the sentence imposed on the petitioner by the Sessions Judge, Special Court for Exclusive Trial cases under POCSO Act, Thoothukudi, in Special S.C.No.109 of 2019, dated 17/03/2023 and to enlarge the petitioner on bail pending disposal of the criminal appeal. 2.The petitioner stands convicted and sentenced as under:- Section of Law Sentence of imprisonment Fine amount 450 IPC 10 Years RI Rs.5,000/-, in default to undergo 6 months SI 305 IPC Life Imprisonment Rs.5,000/-, in default to undergo 6 months SI 3.Heard the learned counsel on either side and perused the materials available on record.

4.The petitioner has made out a prima facie case to grant suspension of sentence, hence we are of the opinion that it is a fit case for grant of suspension of sentence to the petitioner.

5.Accordingly, the Criminal Miscellaneous Petition is allowed and the substantive sentence of imprisonment alone imposed on the petitioner is suspended subject to the following conditions:- (i).The petitioner is directed to be enlarged on bail on executing a bond for Rs.10,000/- (Rupees Ten thousand only) with two sureties each for a like sum to the satisfaction of the Sessions Judge, Special Court for Exclusive Trial cases under POCSO Act, Thoothukudi.

(ii).The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Trial Court may obtain a copy of their Aadhar card or Bank passbook to ensure their identity. (iii).The petitioner shall appear and sign before the trial Court at 10.30 am, on the first working day of every English Calendar month till the disposal of the Criminal Appeal. [G.K.I., J.] & [R.P., J.] 29.01.2026 NCC : Yes / No Index : Yes / No er

G.K.ILANTHIRAIYAN , J.

AND R.POORNIMA, J .

er To, 1.The Sessions Judge, Special Court for Exclusive Trial cases under POCSO Act, Thoothukudi.

2. The Superintendent, Central Prison, Palayamkottai.

3.The Inspector of Police, Seithunganallur Police Station, Thoothukudi District.

4.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

CRL.MP(MD) No.797 of 2026 in Crl.A(MD)No.746 of 2023 29.01.2026