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Madras High CourtCRL MP(MD)/9526/2026ordered

Veeramanikandan v. State Of Tamilnadu Rep By Inspector Of Police, Paramakudi Town

2026-06-17Honourable Mr Justice B.Pugalendhi7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 17/06/2026

CORAM

THE HONOURABLE MR. JUSTICE B.PUGALENDHI in Crl.A(MD).No.190 of 2026 Veeramanikandan, ... Petitioner Vs

1. State of Tamilnadu Rep by Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

Crime No.187/2022.

2. Xxxx, Xxxx Xxxx.

... Respondents PRAYER :- Petition filed under Section 430(1) of BNSS to suspend the sentence imposed on the petitioner by the judgment dated 21.01.2026 passed in Spl.SC.No.6/2023 on the file of the Fast Track Mahila Court, (Mahalir Neethimandram), Ramanathapuram and enlarge the petitioner on bail pending disposal of the appeal.

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For Petitioner : Mr.P.Ponbalaji, For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side)

ORDER

The petitioner, an accused in Spl.SC.No.6/2023, on the file of the Fast Track Mahila Court, (Mahalir Neethimandram), Ramanathapuram, was found guilty by the trial Court and was convicted and sentenced as under:- Sl.No Sections Punishment Fine amount Default 363 IPC 3 years RI Rs.1,000/- 2 months RI 11 r/w 12 of POCSO Act 2 years RI Rs.1,000/- 2 months RI As against the conviction and sentence imposed by the trial Court in Spl.SC.No.6/2023, dated 21.01.2026, the petitioner has filed a Criminal Appeal in Crl.A(MD)No.190 of 2026 and the same was admitted by this Court on 06.04.2026. The petitioner has also moved this application to suspend the sentence imposed on him by the trial Court. 2/7

2. The case of the prosecution is that the victim girl aged about 16 years, at the time of occurrence became romantically attached to the petitioner and that taking advantage of the same, on 28.05.2022 at about 06.00 p.m., the petitioner abducted the victim girl in his bike, married her on 11.06.2022 and thereafter, committed sexual assault on her. Hence, the case.

3. The learned counsel appearing for the petitioner submits that the victim girl is aged about 16 years at the relevant point of time and this is a case of love affair. He further submitted that after hearing the arguments of both sides on 17.02.2026, this Court granted interim suspension of sentence to the petitioner till 06.03.2026, and thereafter he surrendered before the concerned Court. He further submits that the petitioner is willing to abide by any condition that may be imposed by this Court and is ready to stay away from the place of occurrence and will not visit the scene of occurrence during the pendency of the appeal. Since the petitioner has been in jail from 06.04.2026, he prays for suspension of sentence.

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4. The learned Government Advocate (Crl.Side) appearing for the respondent submits that on 17.02.2026, this Court had granted interim suspension of sentence to the petitioner till 06.03.2026 and after lapse of interim suspension, the petitioner has not surrendered and therefore, this Court dismissed the earlier suspension of sentence petition. He further submits that if the petitioner is released, there is a likelihood that he may abscond. Hence, he seeks dismissal of this petition.

5. This Court considered the rival submissions made and also perused the materials placed on record.

6. It appears that the victim girl is aged about 16 years at the relevant point of time and this is a case of love affair. The petitioner is ready to stay away from the place of occurrence. The petitioner is ready to file an undertaking affidavit before the respondent police stating that he will not involve in any offence in future, will not disturb the victim's family and will not visit the occurrence village, pending appeal and also considering his period of incarceration and for the reasons that the appeal could not be taken up immediately, this Court is inclined to suspend the sentence imposed on the petitioner.

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7. Accordingly, the substantive sentence of imprisonment alone is suspended pending disposal of the criminal appeal and the petitioner is ordered to be enlarged on bail on the following conditions:- i. The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Fast Track Mahila Court (Mahaleer Neethimandram), Ramanathapuram. ii. The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address, before the trial Court as well as before the respondent Police. In the event, if there is any change of address, the same shall be intimated to the respondent Police without fail.

iii. The petitioner shall stay at Chennai and report before the learned Judicial Magistrate No.I, Thambaram, daily at 10.30 a.m., until further orders.

iv. The petitioner shall file an affidavit of undertaking before the respondent Police that he will not involve in any offence in 5/7

future; will not disturb the victim's family; and will not visit the occurrence village, pending appeal.

v. In the event, if the petitioner has violated any of the above conditions, it is open to the respondent police to file an application to cancel the bail granted to him. 17.06.2026 tta To 1.The Fast Track Mahila Court (Mahaleer Neethimandram), Ramanathapuram.

2.Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District, 3.The Superintendent, Central Prison, Madurai.

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

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B.PUGALENDHI,J TTA

ORDER

IN CRL MP(MD) No.9526 of 2026 in Crl.A(MD).No.190 of 2026 Date : 17/06/2026 7/7