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Madras High CourtCRL MP(MD)/6515/2025dismissed

Yuvaraj v. State Of Tamilnadu Rep By Inspector Of Police, Lalapet

2026-04-06Honourable Mr Justice B.Pugalendhi8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.04.2026

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI in CrlA(MD)No.587 of 2025 Yuvaraj

...Petitioner

Vs The State of Tamil Nadu The Inspector of Police, Lalapettai Police Station, Karur District.

[Crime No.298 of 2022] ... Respondent PRAYER: Petition filed under Section 430 of Bharatiya Nagarik Suraksha Sanhita to suspend the sentence imposed against the petitioner in SplSC.No.8 of 2023 dated 15.05.2025 on the file of the Additional Sessions Court [Fast Tract Mahila Court], Karur and enlarge the petitioner on bail pending disposal of the above criminal appeal. For Petitioner : Mr.S.MP.Amalan For Respondent : Mr.AS.Abul Kalaam Azad, Government Advocate 1/8

ORDER

The petitioner / accused No.2 was found guilty by the Additional Sessions Court, (Fast Track Court), Karur in Spl.SC.No.8 of 2023 and he was convicted and sentenced by judgment dated 15.05.2025 as follows:- - to undergo imprisonment for two years and to pay a fine of Rs.1,000/-, i/d to undergo simple imprisonment for three months for the offence u/s.506(ii) IPC;

- to undergo rigorous imprisonment for three years and to pay a fine of Rs.5,000/-, i/d to undergo simple imprisonment for six months for the offence u/s.11(iii) r/w 12 of POCSO Act; and - to undergo rigorous imprisonment for twenty years and to pay a fine of Rs.10,000/-, i/d to undergo simple imprisonment for one year for the offence u/s.5(l), 5(m) r/w 6 of POCSO Act. As against the conviction and sentence, the petitioner has filed Crl.A(MD)No.136 of 2023. Pending the appeal, the petitioner has moved this 3rd application to suspend the sentence. 2/8

2.The earlier applications filed by the petitioner in CrlMP(MD)Nos.2960 of 2023 and CrlMP(MD)No.6515 of 2025 were discussed elaborately and were dismissed by this court by order dated 14.03.2025 and 10.09.2025 respectively.

3.The petitioner is the correspondent of a matriculation school, wherein the victim / PW2 was studying 10 standard. A1 is the Teacher in the said school and he has created a WhatsApp group with the girl students. The victim has expressed her ambition to become a Doctor. Taking advantage of the same, he has taken some photographs of the victim and has abused her. The victim is said to have reported this incident to this petitioner /A2, who was the correspondent of the said school. He also abused this victim and therefore, the victim has attempted to commit suicide. Only then the incident came to the knowledge of the parents of the victim, a complaint was lodged and case was registered.

4.The learned counsel for the petitioner submits that there is no proof that the petitioner has abused the victim. According to him, it is the 3/8

A1 who has abused the child. He also submits that the occurrence had taken place on 19.05.2022 and on 29.05.2022. There is no special class on that day. He further submits that according to the investigating officer, the occurrence place is staff room, whereas victim has stated as science lab. He further submits that there is no staff room in the said school. Therefore, the occurrence place itself is doubtful. There was due in payment of school fee from the victim and the petitioner has called her mother directing them to pay the fee. Therefore, this complaint has been foisted. The doctor who examined the victim was not shown as witness in the final report.

5.The learned counsel further submits that the trial court has relied on the statement recorded under Section 164CrPC of the victim, wherein she has stated that A1 has taken photographs of five other students. However, there is no investigation by the police in this aspect. 6.The learned Government Advocate submits that the victim is the daughter of a Driver. The said school was run by this petitioner A2. A1 is admittedly a Teacher in the school, he was staying in the school 4/8

itself. A1 has created a WhatsApp group with the girl students and also abused the victim. He induced the victim and other students, who are in poverty, to meet A2. The evidence of PW1 is corroborated by the evidence of PW8 / another student of the school. He has also relied on the evidence of PW7, who served as a Teacher in the very same school. Apart from this evidence, the investigating officer has also recovered the mobile phone of A1 and found obscene videos and photos of the victim. According to him, A1 has targeted the students, who were not in a position to pay the fees. He has abused this victim and also directed the victim child to go and meet A2. This conduct of A1 advising poor students to go and meet the correspondent has been confirmed by PWs 7 and 8.

7.This court has considered the rival submissions made. 8.The grounds raised by the petitioner can be appreciated only during the final hearing of the appeal. The allegations as against this petitioner are serious in nature. The materials collected by the investigating agency from A1 establish that A1 has exploited the victim 5/8

child by taking obscene photographs. The victim child, who was studying 10th standard in the school went to the extent of committing suicide, only then the case was registered. The evidence of the victim child is also corroborated by the evidence of the Teacher, who is working in the same school that A1 has induced the poor students, who have not paid the fees, to meet this petitioner /A2 and he has also stated that this victim girl was coming out of the petitioner's room with tears. With these available materials, this court is not inclined to entertain this petition. Accordingly, this petition is dismissed.

9.Since the petitioner is in jail, Registry is directed to prepare typed set of papers and list the main appeal for final hearing under the caption 'Accused in Jail Cases'.

06.04.2026 DSK 6/8

To 1.The Inspector of Police, Lalapettai Police Station, Karur District.

2.The Additional Sessions Court [Fast Tract Mahila Court], Karur.

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

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B.PUGALENDHI.J., DSK in CrlA(MD)No.587 of 2025 06.04.2026 8/8