Appa Dhurai @ Durai v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA in Crl.A(MD)No.253 of 2025 Appa Dhurai @ Durai ... Petitioner/Appellant Vs.

State represented by, The Inspector of Police, Ponnamaravathi Police Station, Pudukkottai District.

(Crime No.292 of 2021) ... Respondent/Respondent PRAYER: Petition filed under Section 430 of BNSS, under Section 389 of Cr.P.C. to suspend the sentence imposed in Spl.S.C.No.15 of 2022 Judgment dated 28.09.2022 on the file of the Mahila Court, Pudukkottai and enlarge the petitioner on bail, pending disposal of the above Criminal Appeal.

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For Petitioner : Mr.A.Arun Prasad For Respondent : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

(Order of the Court was made by G.K.ILANTHIRAIYAN, J.) Seeking suspension of the sentence imposed on the petitioner by the learned Mahila Court (Sessions Judge), Pudukkottai, vide Judgment dated 28.09.2022 in Spl.S.C.No.15 of 2022, 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.50,000/- i/d to undergo one year Rigorous Imprisonment 363 of IPC To undergo Seven years Rigorous Imprisonment Rs.50,000/- i/d to undergo one year Rigorous Imprisonment 9 of the Child Marriage Restraint Act, 2006 To undergo two years Rigorous Imprisonment 2/6

Rs.1,50,000/- i/d to undergo one year Rigorous Imprisonment 5(l), 5(n) r/w 6(1) of POCSO Amendment Act, 2019 Life Imprisonment

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

4. Considering the period of incarceration undergone by the petitioner and that there are several arguable points and the fact that the appeal is of the year 2025 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:

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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 Mahila Court (Sessions Judge), Pudukkottai. 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 once in a week ie., on every Monday at 10.30 a.m., till the disposal of the Criminal Appeal.

[G.K.I.J.,] & [R.P.J.,] 08.12.2025 Index :Yes/No Internet :Yes ps 4/6

To 1.The Mahila Court (Sessions Judge), Pudukkottai.

2.The Inspector of Police, Ponnamaravathi Police Station, Pudukkottai District.

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

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G.K.ILANTHIRAIYAN, J.

AND R.POORNIMA, J.

ps in Crl.A(MD)No.253 of 2025 08.12.2025 6/6