Chelladurai v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CRL.MP(MD) No. 10928 of 2024 in Crl.A(MD)No.826 of 2024 Chelladurai .......

Petitioner Vs.

State rep. by The Inspector of Police Kallimandiyam Police Station Dindigul District (Crime No64 of 2022) ...... Respondent Prayer : Petition filed under Section 430(1) of BNSS to suspend the execution of sentence by granting bail in Spl.S.C.No.158 of 2023 dated 14.06.2024 on the file Special Court for Exclusive trial of Cases under POCSO Act, Dindigul District till the disposal of the Criminal Appeal.

For Petitioner : Mr.S.Prabhu 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.] Seeking to suspend the sentence imposed on the petitioner by the Special Court for Exclusive trial of Cases under POCSO Act, Dindigul District , vide Judgment dated 14.06.2024 in Spl.S.C.No.158 of 2023, he has filed this Criminal Miscellaneous Petition.

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

3. The petitioner has failed to make out a prima facie case for grant of suspension of sentence since he has committed a very serious and heinous offence as against minor victim girl who is aged about 11 years. That apart the petitioner is none other than the own paternal uncle of the victim girl, hence we are of the opinion that it is not a fit case for grant of suspension of sentence to the petitioner.

4. Accordingly this Criminal Miscellaneous Petition stands dismissed.

[G.K.I., J.] & [R.P., J.] 02.12.2025 NCC : Yes / No Index : Yes / No aav Copy to

1. The Special Court for Exclusive trial of Cases under POCSO Act, Dindigul District 2.The Inspector of Police Kallimandiyam Police Station Dindigul District

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

G.K.ILANTHIRAIYAN , J.

AND R.POORNIMA, J .

aav CRL.MP(MD) No.10928 of 2024 in Crl.A(MD)No.826 of 2024 02.12.2025