Mariselvam v. State Of Tamilnadu Rep By Inspector Of Police, Sivakasi East

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.06.2026

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI in Crl A(MD)No.649 of 2026 Mariselvam

...Petitioner

Vs The State of Tamil Nadu, Rep by the Inspector of Police, Sivakasi East Police Station, Virudhunagar District.

[Crime No.1155 of 2017] ... Respondent PRAYER: Petition filed under Section 430(1) of Bharatiya Nagarik Suraksha Sanhita, to suspend the sentence imposed by the Special Court for POSCO Act Cases, Virudhunagar district at Srivilliputhur in SplSC.No.17 of 20218 dated 12.07.2022 and enlarge the petitioner / sole accused on bail till the disposal of the criminal appeal. For Petitioner : Mr.S.Maya Perumal For Respondent : Mr.S.Deenadhayalan Government Advocate 1/4

ORDER

The petitioner is the sole accused in SplSC.No.17 of 2018 on the file of the Special Court for POCSO Act Cases, Virudhunagar. By judgment dated 12.07.2022, the petitioner was found guilty, convicted and sentenced to undergo 10 years rigorous imprisonment with a fine of Rs.5000/- in default to undergo 1 year simple imprisonment for the offence under Section 5(m) r/w 6 of the POCSO Act. As against the conviction and sentence imposed by the trial Court, the petitioner has filed an appeal in CrlA(MD)No.649 of 2022 along with this petition to suspend the sentence imposed on him by the trial court. The appeal has been admitted by this Court on 28.10.2022.

2.This is the 4th petition filed to suspend the sentence. The earlier petitions filed by this petitioner in Crl MP(MD)Nos.2014 of 2023, 6378 of 2023 and 15354 of 2023 were dismissed by this court vide order dated 13.02.2023, 14.06.2023 and 10.09.2024 respectively. There is no change in circumstances since the dismissal of the last petition. Therefore, this court is not inclined to entertain this petition. Accordingly, this petition is dismissed.

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3.The typed set of papers is made ready. Since the petition is dismissed and the accused is in jail, post the main appeal for final hearing on 22.06.2026.

04.06.2026 DSK To 1.The Special Court for POSCO Act Cases, Virudhunagar District at Srivilliputhur, 2.The Inspector of Police, Sivakasi East Police Station, Virudhunagar District.

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

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B.PUGALENDHI.J., DSK in Crl A(MD)No.649 of 2026 04.06.2026 4/4