Muthukumar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :25.03.2026

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Crl.MP(MD) Nos.8698 & 8699 of 2025 in Muthukumar ... Petitioner Vs The State of Tamilnadu, Rep. by the Inspector of Police, All Women Police Station, Vadamadurai, Dindigul District.

Crime No.8 of 2024 ... Respondent Prayer in Crl.MP(MD) No.8698 of 2025 :- This Criminal Miscellaneous Petition is filed under Section 430(1) of BNSS, 2023 to suspend the sentence imposed on the petitioner in Spl.SC No.82 of 2024, dated 29.05.2025 on the file of the Special Court under POCSO Act cases, Dindigul and enlarge him on bail.

Prayer in Crl.MP(MD) No.8699 of 2025 :- This Criminal Miscellaneous Petition is filed under Section 528 of BNSS, 2023 to 1/5

exempt the surrender of the petitioner as against the judgment, dated 29.05.2025 passed by the learned Judge, Special Court under POCSO Act cases, Dindigul.

For Petitioner : Mr.N.Ananda Kumar For Respondent : Mr.S.Prakash Government Advocate (Crl.side) C O M M O N O R D E R The petitioner /accused in Spl.SC No.82 of 2024 on the file of the Special Court under POCSO Act cases, Dindigul, has approached this Court, seeking suspension of sentence imposed on him by the trial Court, for the offence under Section 506(ii) IPC and Sections 11(1) r/w 12 of POCSO Act, 2012. The petitioner has also moved another petition to exempt his surrender pending disposal of the appeal.

2.When these applications are taken up for hearing, the learned counsel appearing for the petitioner fairly submits that this petitioner has not surrendered, subsequent to the findings of the trial Court as stated above. He further submits that the petitioner is an 2/5

agricultural coolie and therefore he was not able to mobilize funds and engage a counsel to prefer appeal before this Court in time and therefore, he may be exempted from surrendering before the Special Court under POCSO Act cases, Dindigul.

3. This Court is not satisfied with the reasons stated in the affidavit filed in support of the petition for exemption of surrender. Since this petitioner is at large, Crl.MP(MD) No.8699 of 2025 is dismissed with liberty to move a fresh application after surrender. In view of the order passed in Crl.MP(MD) No.8699 of 2025, Crl.MP(MD) No.8698 of 2025 is closed.

25.03.2026 Index : Yes/No vrn 3/5

To The Inspector of Police, All Women Police Station, Vadamadurai, Dindigul District.

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B.PUGALENDHI, J., vrn Common Order made in Crl.MP(MD) Nos.8698 & 8699 of 2025 in 25.03.2026 5/5