Arulselvam v. State Of Tamilnadu Rep By Inspector Of Police, Thiruchendur

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.02.2026

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CRL.MP(MD) No.2550 of 2026 in Crl.A(MD)No.179 of 2026 Arulselvam ....... Petitioner Vs.

State rep. by The Inspector of Police Tiruchendur Police Station, Thoothukudi District.

In Crime No.91 of 2019 ...... Respondent Prayer : Petition filed under Section 430 of BNSS to suspend the sentence in Spl.S.C.No.31 of 2020, dated 23.04.2025, on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi, pending disposal of the above Criminal Appeal. For Petitioner : Mr.D.S.Haroon Rasheed 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 learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi, vide Judgment dated 23.04.2025 in Spl.S.C.No.31 of 2020, he has filed this Criminal Miscellaneous Petition.

2. The petitioner stands convicted and sentenced as under: Section of Law Sentence of imprisonment Fine amoun Five years Rigorous Imprisonment Rs.5,000/- i/d to undergo days Rigorous Imprisonment Section 363 IPC Rs.10,000/- i/d to undergo one month Rigorous Imprisonment Section 6 of POCSO Act, 2012 Life 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 2026 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 Sessions Judge, Special Court for Exclusive Trial of 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 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.] 26.02.2026 NCC : Yes / No Index : Yes / No Indu Copy to 1.The Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi.

2.The Inspector of Police Tiruchendur Police Station, Thoothukudi District.

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

G.K.ILANTHIRAIYAN , J.

AND R.POORNIMA, J .

Indu CRL.MP(MD) No.2550 of 2026 in Crl.A(MD)No.179 of 2026 26.02.2026