Ajaykumar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.12.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CRL.MP(MD) No.6502 of 2025 in Crl.A(MD)No.586 of 2025 Ajaykumar : Petitioners/Sole Accused Vs.

The State of Tamil Nadu represented by The Inspector of Police, Sanarpatti Police Station, Dindigul District.

(Crime No.675 of 2021) : Respondent/Complainant Prayer: Criminal Miscellaneous Petition filed under Section 389(2) of Cr.P.C (430(2) of BNSS 2023) to suspend the sentence and conviction passed in Special SC No.145 of 2023, dated 24/03/2025 by the Special Court for POCSO Act Cases, Dindigul and enlarge the petitioner on bail, pending disposal of the above said criminal appeal. For Petitioner : Mr.M.Suresh For Respondent : Mr.T.Senthilkuar Additional Public Prosecutor

O R D E R

[Order of the Court was made by G.K.ILANTHIRAIYAN, J.] This criminal miscellaneous petition has been filed seeking to suspend the sentence imposed on the petitioner by the Special Court for POCSO Act Cases, Dindigul, in Special S.C.No.145 of 2023, dated 24/03/2025 and to enlarge the petitioner on bail pending disposal of the criminal appeal.

2.The petitioner stands convicted and sentenced as under:- Section of Law Sentence of imprisonment Fine amount Section 363 IPC 3 Years RI Rs.5,000/-, in default to undergo 6 months SI Section 9 of Prohibition of Child Marriage Act, 2 Years RI Rs.50,000/-, in default to undergo 6 months SI Section 6 of POCSO Act, Life Imprisonment Rs.1,00,000/-, in default to undergo one year SI 3.Heard the learned counsel on either side and perused the materials available on record.

4.The petitioner has made out a prima facie case to grant suspension of sentence, hence 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 is suspended 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 Court for 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. (iii).The petitioner shall appear and sign before the trial Court at 10.30 am, on the first working day of every English Calendar month till the disposal of the Criminal Appeal. [G.K.I., J.] & [R.P., J.] 12.12.2025 NCC : Yes / No Index : Yes / No er

G.K.ILANTHIRAIYAN , J.

AND R.POORNIMA, J .

er To, 1.The Special Court for POCSO Act cases, Dindigul.

2. The Superintendent Central Prison, Madurai.

3.The Inspector of Police, Sanarpatti Police Station, Dindigul..

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

CRL.MP(MD) No.6502 of 2025 in Crl.A(MD)No.586 of 2025 12.12.2025