Thainishraj v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.01.2026

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CRL.MP(MD) No.9580 of 2025 in Crl.A(MD)No.775 of 2025 Thainishraj : Petitioner/Appellant Vs.

State of Tamil Nadu, rep. By the Inspector of Police, All Women Police Station, Vallam, Thanjavur District.

(Crime No.511 of 2022) : Respondent/Complainant Prayer: Criminal Miscellaneous Petition filed under Section 430(1) of BNSS to suspend the sentence imposed by the Principal Special Court for Exclusive Trial of cases under POCSO Act, Thanjavur, in Special SC No.64 of 2023, dated 30/06/2025 and enlarge the petitioner on bail, till the disposal of the criminal appeal.

For Petitioner : Mr.A.Arul Jeniffer for M/s.KBS Law Office 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 Principal Special Court for Exclusive Trial of Cases under POCSO Act, Thanjavur, in Special S.C.No.64 of 2023, dated 30/06/2025 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 9(1), n r/w 10 of POCSO Act 7 Years RI Rs,5,000/-, in default to undergo 6 months SI 5(n) r/w 6 of POCSO Act Life Sentence Rs.10,000/-, in default to undergo 8 months SI 506(i) IPC 2 Years RI - 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 by executing a bond for Rs.10,000/- (Rupees Ten thousand only) with two sureties each for a like sum to the satisfaction of the Principal Special Court for Exclusive Trial of Cases under POCSO Act, Thanjavur.

(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.] 05.01.2026 NCC : Yes / No Index : Yes / No er

G.K.ILANTHIRAIYAN , J.

AND R.POORNIMA, J .

er To, 1.The Principal Special Court for Exclusive Trial of Cases under POCSO Act, Thanjavur. 2.The Inspector of Police, All Women Police Station, Vallam, Thanjavur District.

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

CRL.MP(MD) No.9580 of 2025 in Crl.A(MD)No.775 of 2025 05.01.2026