Hariharan v. The State Of Tamilnadu Rep By The Inspector Of Police, Lalgudi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.05.2026

CORAM

THE HONOURABLE MR JUSTICE K.MURALI SHANKAR CRL MP(MD) No.9972 of 2026 in CRL A(MD) No.593 of 2026 Hariharan ... Petitioner/Sole Accused - Vs. - The State of Tamilnadu, Rep. by, The Inspector of Police, Lalgudi Police Station, Trichy District.

(In Crime No.715/2025) .. Respondent Prayer in CRL MP(MD). 9965/ 2026 : C-60. To suspend the sentence imposed against the petitioner in S.C.No.02 of 2026 dated 05.05.2026 by the learned Sessions Judge, Mahila Court Trichy and enlarge the petitioner on bail pending disposal of above criminal appeal.

Prayer in CRL A(MD). 593/ 2026 : To call for the records relating to the judgment in S.C.No.02/2026 dated 05.05.2026 on the file of the Sessions Judge, Mahila Court Trichy, and set aside the same and allow the Criminal Appeal and acquit the appellant. 1/6

For Petitioner: Mr.A.Manikandan For Respondent: Mr.S.Siva Subramanian Counsel for State of Tamilnadu(Crl. side)

ORDER

This Criminal Miscellaneous Petition has been filed to suspend the sentence of imprisonment imposed on the petitioner / sole accused by the learned Sessions Judge, Mahila Court, Trichy, in S.C.No.02 of 2026 dated 05.05.2026, till the disposal of the appeal.

2. The case of the prosecution is that the petitioner/accused and the defacto complainant are neighbours and the defacto complainant is a married woman. The defacto complainant has to go for toilet by passing through the house of the petitioner/accused. On 07.09.2025 at about 1.00 p.m, when the defacto complainant went to the toilet, the petitioner / sole accused, had hugged and sexually harassed her and also threatened her. Hence, FIR came to be registered in Crime No.715 of 2025.

3. The respondent police, after completing the investigation, has filed a final report against the petitioner for the offence under Section 75(2) and 351(2) of BNS, 2023, and the case was taken on file in S.C.No.02 of 2026 on the file of the learned 2/6

Sessions Judge, Mahila Court, Trichy.

4. During trial, the prosecution examined 6 witnesses as P.W.1 to P.W.6 and exhibited 6 documents as Ex.P.1 to Ex.P.6. On the side of the defence, no witness was examined and no documentary evidence was adduced.

5. The learned trial Judge, upon considering the evidence both oral and documentary and on hearing the arguments of both the sides, passed the impugned judgment dated 05.05.2026 convicting the petitioner for the offence under Section 75(2) of BNS, 2023, and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs.5,000/-, in default, to undergo simple imprisonment for a further period of two months and acquitted the petitioner for the offence under Section 351(2) of BNS, 2023. Aggrieved by the impugned judgment of conviction and sentence, the sole accused has preferred the present Criminal Appeal along with the above miscellaneous petition for suspension of sentence.

6. The learned counsel appearing for the petitioner would submit that there are several infirmities in the prosecution case and further there are contradictions in material particulars between the evidence of the prosecution witnesses. He would further submit that the petitioner has already paid the fine amount. 3/6

7. The learned Counsel for the State of Tamilnadu appearing for the respondent police would submit that there are enough materials available on record against the petitioner and hence, he strongly opposed to grant suspension of sentence.

8. This Court has carefully considered the rival contentions putforth by either side and also perused the materials available on record.

9. The learned counsel appearing for the petitioner would point out certain infirmities and inconsistencies in this case and also certain contradictions in material particulars. The fact remains that there are arguable points involved in this criminal appeal and further the criminal appeal is not likely to be taken up for final hearing in the near future and as such, this Court is of the considered view that the petitioner herein is entitled to the relief of grant of suspension of sentence.

10. In the result, the Criminal Miscellaneous Petition is ordered. Accordingly, the relief of suspension of sentence is granted to the petitioner on the following conditions:- (i) The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Sessions Judge, Mahila Court, Trichy.

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(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 Pass Book to ensure their identity; and (iii) The petitioner shall appear before the trial Court once in a month i.e., on the first working day of every English calendar month at 10.30 a.m., until further orders and if he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 355 B.N.S.S. and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court.

27.05.2026 (2/2) PJL 5/6

To

1. The Sessions Judge, Mahila Court, Trichy.

2.The Inspector of Police, Lalgudi Police Station, Trichy District.

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

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