Madras High CourtCRL MP(MD)/10660/2025dismissed

Maruthan v. The State Of Tamilnadu, Rep. By The Inspector Of Police,

2026-03-18Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2026

CORAM

THE HONOURABLE MR JUSTICE B.PUGALENDHI Marudhan ... Petitioner versus The State of Tamilnadu, rep. by The Inspector of Police, All Women Police Station, Usilampatti, Madurai District.

... Respondent Petition filed under Section 430(1) of BNSS 2023, seeking to suspend the sentence imposed against the petitioner in Spl.S.C.No.119 of 2020 dated 19.10.2023 passed by the Principal Special Court for Exclusive Trial of Cases under POCSO Act, Madurai and enlarge the petitioner on bail pending disposal of the above appeal.

For Petitioner : Mr.G.Karuppasamy Pandian For Respondent : Mr.S.Prakash, Government Advocate (Crl. Side) 1/5

ORDER

The petitioner is the sole accused in Spl.S.C.No.119 of 2020 on the file of the Principal Special Court for Exclusive Trial of Cases under POCSO Act, Madurai. He was tried for the offence under Section 5(l) r/w. 6 of POCSO Act and 506(i) IPC and Section 11 of POCSO Act that he had sexually abused the victim child aged about 14 years. After the trial, the trial Court, by its Judgment dated 19.10.2023, found the petitioner guilty for the offence under Section 5(l) r/w. 6 of POCSO Act and 506(i) IPC and Section 11 r/w. 12 of POCSO Act convicted and sentenced him as under:

Sl.No Sections Punishment Fine amount Default 1.

5(l) r/w. 6 of POCSO Act 20 years rigorous imprisonment Rs.25,000/- 2 years simple imprisonment 2.

506(i) IPC 2 years rigorous imprison Rs.5,000/- 3 months simple imprisonment 3.

11 r/w. 12 of POCSO Act 2 years rigorous imprisonment Rs.5,000/- 3 months simple imprisonment Challenging the Judgment of conviction and sentence, the petitioner has filed an appeal before this Court in Crl.A.(MD)No.283 of 2024 and the same was 2/5

admitted by this Court on 03.04.2024. Earlier, the petitioner had moved a petition in Crl.M.P.(MD)No.4077 of 2024 seeking to suspend the sentence imposed by the trial Court and the same was withdrawn by the petitioner on 27.02.2025 and therefore, this Court, by its order dated 27.02.2025, dismissed the petition as withdrawn.

2. This is the second petition filed by the petitioner on 05.08.2025 and it has not been prosecuted when the case was listed for hearing on 11.03.2026 and it was adjourned, at the request of the learned counsel for the petitioner. Even today, the learned counsel seeks for a short accommodation.

3. Considering the order passed in the earlier petition and also considering the fact that this petition is pending without any prosecution from 05.08.2025 and the petitioner is not inclined to proceed with this petition, this Criminal Miscellaneous Petition is dismissed. 18.03.2026 ogy 3/5

To 1.The Inspector of Police, All Women Police Station, Usilampatti, Madurai District.

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

4/5

B.PUGALENDHI, J.

ogy 18.03.2026 5/5