Ajith v. State Of Tamilnadu Rep By Inspector Of Police, Chatrapatti

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2026

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR CRL.MP(MD) No. 1986 of 2026 in Crl.A(MD)No.142 of 2026 Ajith .......

Petitioner Vs.

State rep. by The Inspector of Police Chathirappatti Police Station, Dindigul District.

(Crime No.318 of 2021) ...... Respondent Prayer : Petition filed under Section 430(1) of BNSS to suspend the sentence in Spl.S.C.No.147 of 2023 dated 13.11.2024 on the file of the Special Court (POCSO Act Cases), Dindigul pending disposal of the above Criminal Appeal.

For Petitioner : Mr.DR.R.Alagumani 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.] Seeking to suspend the sentence imposed on the petitioner by the Special Court (POCSO Act Cases), Dindigul, vide Judgment dated 13.11.2024 in Spl.S.C.No.147 of 2023, the present Criminal Miscellaneous Petition has been filed.

2. The petitioner stands convicted and sentenced as under: Section of Law Sentence of imprisonment Fine amount Rs.5000/- i/d to undergo six months simple imprisonment Section 366 (A) of IPC 3 years rigorous imprisonment Section 6 of POCSO Act Life Imprisonment Rs.1,00,000/- i/d to undergo one year Simple Imprisonment Section 9 of the Prohibition of Child Marriage Act Rs.50,000/- i/d to undergo six months simple imprisonment Two years rigorous impris

3. Heard the learned counsel on either side and perused the materials available on record.

4. Considering the period of incarceration suffered by the petitioner and that there are several arguable points and further the appeal is of year 2026 and the likelihood of the appeal being taken up for final hearing in the near future is also not possible, 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 herein 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 Special Court (POCSO Act Cases), Dindigul.

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 a.m., on the first working day of every English calender month, till the disposal of the Criminal Appeal. [G.K.I., J.] & [N.S., J.] 27.02.2026 NCC : Yes / No Index : Yes / No TSG Copy to

1. The Special Court (POCSO Act Cases), Dindigul.

2. The Central Prison, Trichy.

3.The Inspector of Police Chathirappat Police Station, Dindigul District.

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

G.K.ILANTHIRAIYAN , J.

AND N.SENTHILKUMAR, J .

TSG CRL.MP(MD) No.1986 of 2026 in Crl.A(MD)No.142 of 2026 27.02.2026