Kannan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.12.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CRL.MP(MD) No.7621 of 2025 in Crl.A(MD)No.269 of 2025 Kannan : Petitioner/Sole Accused Vs.

The State rep. By The Inspector of Police, Viralimalai Police Station, Pudukkottai District.

(Crime No.525 of 2021) : Respondent/Complainant Prayer : Petition filed under Section 389(1) of Cr.P.C r/w 430 of BNSS to suspend the sentence imposed in Special S.C.No.41 of 2021, dated 02/09/2022, on the file of the Sessions Judge, (Mahila Court), Pudukkottai and enlarge the petitioner on bail pending disposal of the criminal appeal. For Petitioner : Mr.S.Sivasubramanian For Respondent : Mr.R.M.Anbunithi 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 Sessions Judge (Mahila Court), Pudukkottai, in Special S.C.No.41 of 2021, dated 02/09/2022 and to enlarge the petitioner on bail pending disposal of the criminal appeal.

2.The petitioner/Sole Accused stands convicted and sentenced as under:- Section of Law Sentence of imprisonment Fine amount Section 5(m) r/w 6(1) of POCSO Act, 2012 (Amendment Act, 2019) Life Imprisonment Rs.1,00,000/-, in default to undergo RI for one year Rs.20,000/-, in default to undergo simple imprisonment for 6 months.

Section 363 IPC Rigorous Imprisonment for 7 years 3.Heard the learned counsel on either side and perused the materials available on record.

4.While pending this petition, today the victim girl along with her parents appeared before this Court and also filed an affidavit to the effect that the victim girl and the petitioner are close relatives and now the petitioner is willing to marry the victim girl. The victim girl and her parents also willing to marry the petitioner and deposed before this Court to that effect. The petitioner has also filed an affidavit before this Court and undertakes to marry the victim girl and report before this Court. 5.Considering the above facts and circumstances of the case, this criminal miscellaneous petition is allowed and the substantive sentence of imprisonment alone 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 learned Sessions Judge (Mahila Court), Pudukkottai.

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 a.m., on the first working day of every English calender month, till the disposal of the Criminal Appeal. iv. The petitioner shall marry the victim girl on or before 05/01/2026 and register the marriage before the concerned authorities and produce the marriage certificate before this Court on or before 06/01/2026.

6.Post the matter, on 06/01/2026 for reporting compliance. [G.K.I., J.] & [R.P., J.] 09.12.2025 NCC : Yes / No Index : Yes / No er Note: Issue order copy on 10/12/2025

To, 1.The Sessions Judge, (Mahila Court), Pudukkottai.

2.The Inspector of Police, Viralimalai Police Station, Pudukkottai District.

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

4.The Superintendent, Central Prison, Trichy.

G.K.ILANTHIRAIYAN , J.

AND R.POORNIMA, J .

er CRL.MP(MD) No.7621 of 2025 in Crl.A(MD)No.269 of 2025 09.12.2025