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Madras High CourtCRL MP(MD)/11304/2025allowed

Chinnamuthiah @ Suravali v. The State Of Tamilnadu

2026-01-22Honourable Mr Justice G.K. Ilanthiraiyan,Honourable Ms.Justice R. Poornima5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.01.2026

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CRL.MP(MD) No.11304 of 2025 in Crl.A(MD)No.904 of 2025 Chinnamuthiah @ Suravali ....... Petitioner Vs.

State of Tamilnadu through The Inspector of Police All Women Police Station, Sankarankovil, Tenkasi District (In Cr.No.1 of 2018).

...... Respondent Prayer : Petition filed under Section 430(1) of BNSS to suspend the sentence by granting bail in Spl.C.C.No.172 of 2019, dated 06.09.2024, on the file of the Special Court for POCSO Act Cases, Tirunelveli pending disposal of the above Criminal Appeal.

For Petitioner : Mr.Dr.R.Alagumani For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

O R D E R

[Order of the Court was made by G.K.ILANTHIRAIYAN, J.] Seeking to suspend the sentence imposed on the petitioner by the Special Court for POCSO Act Cases, Tirunelveli, vide Judgment dated 06.09.2024 in Spl.C.C.No.172 of 2019, he has filed this Criminal Miscellaneous Petition.

2. The petitioner stands convicted and sentenced as under: Section of Law Sentence of imprisonment Fine amoun Rs.1,000/- i/d to undergo six months Simple Imprisonment Section5(m) r/w 6 of the POCSO Act Life Imprisonment

3. Heard the learned counsel on either side and perused the materials available on record.

4. Considering the period of incarceration suffered by the petitioner and that there are several arguable points and further the appeal is of year 2025 and the likelihood of the appeal being taken up for final hearing in the near future is also not possible, 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 herein 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 Special Court for POCSO Act Cases, Tirunelveli. 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 on the first working day of every English calender month at 10.30 a.m., till the disposal of the Criminal Appeal. [G.K.I., J.] & [R.P., J.] 22.01.2026 NCC : Yes / No Index : Yes / No am

Copy to 1.The Inspector of Police All Women Police Station, Sankarankovil, Tenkasi District 2.The Special Court for POCSO Act Cases, Tirunelveli

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

G.K.ILANTHIRAIYAN , J.

AND R.POORNIMA, J .

am CRL.MP(MD) No.11304 of 2025 in Crl.A(MD)No.904 of 2025 22.01.2026