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Madras High CourtCRL MP(MD)/9447/2023dismissed

Arumugam v. The Inspector Of Police

2026-04-07Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2026

CORAM

THE HONOURABLE MR JUSTICE B.PUGALENDHI Arumugam ... Petitioner versus The State rep. by The Inspector of police, Kadayam Police Station, Tirunelveli District.

... Respondent Petition filed under Section 389(1) Cr.P.C. to suspend the sentence imposed by the learned Mahila Judge, Tirunelveli, in S.C.No.676 of 2017 dated 03.03.2022 and enlarge the petitioner on bail pending disposal of the above criminal appeal.

For Petitioner : Mr.S.M.A.Jinnah For Respondent : Mr.A.S.Abul Kalaam Azad, Government Advocate (Crl. Side) 1/5

ORDER

The petitioner is the 2nd accused in S.C.No.676 of 2017 on the file of the Mahila Court, Tirunelveli. He is the friend of the 1st accused. The 1st accused is the friend of the victim girl, who was aged about 23 years. The 1st accused, by projecting that he is intending to marry the victim girl, had taken her to a house, where, he tied thalli and had sexual intercourse with her. Thereafter, 1st accused informed the petitioner, who is his friend, to exploit the victim girl. Accordingly, the petitioner has also exploited the victim girl. Hence, this case has been registered as against the accused Nos.1 and 2 for the offence under Sections 366 and 376 IPC. However, the Police failed to secure the 1st accused till date. Therefore, the case has been split up and the case in S.C.No.676 of 2017 has been tried as against the petitioner alone.

After the trial, the trial Court, by its Judgment dated 03.03.2022, found the petitioner guilty for the offence under Section 376(1) IPC and convicted and sentenced him to undergo ten years rigorous imprisonment and to pay a fine of Rs.50,000/-, in default to undergo one year simple imprisonment. Challenging the Judgment of conviction and sentence, the petitioner has filed an appeal before this Court in Crl.A.(MD)No.

24.03.2022.

2. This is the 6th petition filed by the petitioner seeking to suspend the sentence imposed by the trial Court. The earlier petitions filed by the petitioner were considered and dismissed by various Bench of this Court as under: (i) The 1st petition filed in Crl.M.P.(MD)No.3874 of 2022 was dismissed as withdrawn on 22.04.2022.

(ii) The 2nd petition filed in Crl.M.P.(MD)No.6070 of 2022 was dismissed by order dated 24.06.2022.

(iii) The 3rd petition filed in Crl.M.P.(MD)No.11295 of 2022 was dismissed on 23.09.2022.

(iv) The 4th petition filed in Crl.M.P.(MD)No.15076 of 2022 was dismissed on 15.12.2022.

(v) The 5th petition filed in Crl.M.P.(MD)No.5156 of 2023 was dismissed on 06.04.2023.

3. Since there is no change in circumstances of this case, this Criminal Miscellaneous Petition is closed.

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4. Since this Court refuses to suspend the sentence imposed against the petitioner and the typed set of papers is made ready, the Registry is directed to list the main appeal under caption "accused in jail cases" for final disposal. 07.04.2026 ogy To

1. The Inspector of police, Kadayam Police Station, Tirunelveli District.

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

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B.PUGALENDHI, J.

ogy 07.04.2026 5/5