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Madras High CourtCRL MP(MD)/603/2025allowed

Sridhar v. The State Of Tamil Nadu,

2025-12-05Honourable Mr Justice G.K. Ilanthiraiyan,Honourable Ms.Justice R. Poornima5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.12.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CRL.MP(MD) No.603 of 2025 in Crl.A(MD)No.43 of 2025 Sridhar ....... Petitioner Vs.

State of Tamil Nadu, rep. by The Inspector of Police NATHAM Police Station, NATHAM, Dindigul District.

In Crime No.105 of 2022.

...... Respondent Prayer : Petition filed under Section 430 (1) of BNSS to suspend the sentence made in Spl.SC. No. 160 of 2023 on the fie of Special Court under POCSO Act, Dindigul dated 12.12.2024 and enlarge the petitioner on bail pending disposal of the above appeal

For Petitioner : Mr.S.Arjun For Respondent : Mr.R.M.Anbunithi 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 under POCSO Act, Dindigul, vide Judgment dated 12.12.2024 in Spl.S.C.No.160 of 2023, he has filed this Criminal Miscellaneous Petition.

2. The petitioner stands convicted and sentenced as under: Section of Law Sentence of imprisonment Fine amount Rs.10,000/- i/d to undergo six months simple Imprisonment 366 of IPC Five years rigorous Imprisonment 6 of POCSO Act,2012 Life Imprisonment Rs.1,00,000/- i/d to undergo one year simple imprisonment

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 2025 and the likelihood of the appeal being taken up for final hearing in the near future is also not possible, 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 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 learned Special Court under POCSO Act, 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 on the first working day of every English calender month at 10.30 a.m., till the disposal of the Criminal Appeal. [G.K.I., J.] & [R.P., J.] 05.12.2025 NCC : Yes / No Index : Yes / No rm Copy to 1.The Special Court under POCSO Act, Dindigul.

2.The Inspector of Police State of Tamil Nadu, NATHAM Police Station, NATHAM, Dindigul District.

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

G.K.ILANTHIRAIYAN , J.

AND R.POORNIMA, J .

rm CRL.MP(MD) No.603 of 2025 in Crl.A(MD)No.43 of 2025 05.12.2025