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Madras High CourtCRL MP(MD)/8395/2026allowed

Sam Rohith v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Dindigul

2026-04-20Honourable Mr Justice N. Anand Venkatesh,Honourable Mr Justice K.K. Ramakrishnan5 pages

CRL MP(MD) NO. 8395 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20-04-2026

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH AND THE HONOURABLE MR JUSTICE K.K. RAMAKRISHNAN CRL MP(MD) NO. 8395 of 2026 IN CRLA(MD).NO.614 OF 2025 Sam Rohith Now confined at Central Prison Madurai.

Petitioner(s) Vs State of Tamilnadu, Rep by Inspector of Police, AWPS-Dindigul Dindigul District.

Cr. no. 8 of 2023.

Respondent(s) For Petitioner(s):

Mr.G.Karuppasamy Pandiyan, for Mr.P.Manikandan For Respondent(s):

Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor Prayer:

To Suspend the sentence imposed against the petitioner in Spl.S.C. No. 263 of 2023 dated 22.10.2024 passed by the Special Court (POCSO Act

cases), Dindigul and enlarge the petitioner on bail pending disposal of the above appeal.

ORDER

(Order of the Court was made by the Hon'ble N.Anand Venkatesh J.) This petition has been filed seeking for suspension of sentence imposed on the petitioner in the judgment made in Spl.S.C. No. 263 of 2023, dated 22.10.2024, passed by the Special Court (POCSO Act cases), Dindigul and to enlarge the petitioner on bail.

2. Heard the learned counsel on either side.

3. The petitioner was convicted and sentenced by the Special Court (POCSO Act Cases), Dindigul, made in Spl.S.C. No. 263 of 2023, by judgment dated 22.10.2024, for the offence under Section 6 of the POCSO Act and sentenced to undergo life imprisonment and to pay a fine of Rs.1,00,000/- in default to undergo one year simple imprisonment.

4. The petitioner had earlier filed a petition for suspension of sentence in Crl.M.P.(MD).No.6725 of 2025 and this petition came to be dismissed as withdrawn by this Court by an order dated 27.01.2026. This is the second petition seeking for the very same relief.

5. When the matter came up for hearing, the learned counsel appearing for the petitioner / appellant submitted that the petitioner and the victim girl are related and that they had a love affair and now that the victim girl has crossed 18 years, both the families have decided to get the petitioner married to the victim girl. The learned counsel further submitted that the victim girl and her parents are also present before the Court.

6. In the light of the above submission, we enquired the victim girl and her parents. The victim girl stated that she had a love affair with the petitioner. The parents stated that the petitioner is related and that they are willing to get their daughter married to the petitioner.

7. In our considered view, since the relationship between the petitioner and the victim girl is not in dispute and it is not within the prohibited degree and the parents of the victim girl want their daughter to get married to the petitioner and considering the age of the petitioner and also considering the fact that he has undergone sentence from 22.10.2024 onwards, we are inclined to suspend the sentence and accordingly, the

Criminal Miscellaneous Petition is allowed, 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 Special Curt (POCSO) Act Cases, 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.

8. Registry is directed to list the main appeal under the caption "For Orders" on 27.04.2026. On that day, the petitioner along his parents and the victim girl along with her parents shall be present before the Court. In the mean time, Registry is directed to make the paper book ready. (N.ANAND VENKATESH J.) (K.K.RAMAKRISHNAN J.) 20-04-2026 Note : Issue Order Copy by 20.04.2026 TSG

To 1.The Special Court (POCSO Act Cases), Dindigul. 2.The Superintendent of Prison, Central Prison, Trichy.

3.The Inspector Of Police, AWPS-Dindigul Dindigul District.

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