Madras High CourtCRL MP(MD)/13243/2025ordered

Murugakumar v. Chandran @ Chandrankaani

2026-03-23Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2026

CORAM

THE HONOURABLE MR JUSTICE B.PUGALENDHI Murugakumar ... Petitioner versus Chandran @ Chandrankaani ... Respondent Petition filed under Section 430 (1) of BNSS 2023, to suspend the conviction and sentence passed by the learned Principal Sessions Judge, Kanyakumari at Nagercoil, in S.C.No.102 of 2021 dated 03.09.2025 till the disposal of the criminal appeal.

For Petitioner : Mr.S.Sureshkumar

ORDER

The petitioner is a Sub Inspector of Police. He was prosecuted by the respondent in a private complaint filed under Section 200 Cr.P.C. and it was 1/4

committed to the Principal Sessions Court, Kanniyakumari at Nagercoil and the same was taken on file in S.C.No.102 of 2021 and charges were framed against him for the offence under Section 294(b) IPC r/w. Section 2(d) of Protection of Human Rights Act, Section 323 (2 counts) IPC and Section 4 of Tamil Nadu Prevention of Harassment of Women Act r/w. Section 2(d) of Protection of Human Rights Act. After the trial, the trial Court, by its Judgment dated 03.09.2025, found the petitioner guilty and sentenced him to pay a fine of Rs.5,000/- in default to undergo simple imprisonment for one month for the offence under Section 294(b) IPC and to pay a fine of Rs.1,000/- in default to undergo simple imprisonment for one month for the offence under section 323 (one count) IPC. Challenging the Judgment of conviction and sentence, the petitioner has preferred a criminal appeal before this Court and the same was admitted by this Court on 24.09.2025. This Court, while admitting the appeal, has granted interim suspension of sentence to the petitioner till 10.10.2025, with certain conditions.

2. The learned counsel appearing for the petitioner claims that the petitioner has complied with the direction of this Court dated 24.09.2025. 2/4

3. Though this Court directed this petition to be listed on 10.10.2025, it was not listed and it is listed today only. This Court, by order dated 24.09.2025, has ordered notice to the respondent. However, the respondent has not entered his appearance.

4. Considering the nature of offence and also considering the fact that the petitioner is a police official and he has already been granted interim suspension of sentence, this Court is inclined to allow this petition.

5. Accordingly, the substantive sentence of imprisonment alone is suspended pending disposal of the criminal appeal. The trial Court shall bound over the bond and sureties, which have already been furnished by the petitioner pursuant to the order of this Court dated 24.09.2025 and release the petitioner on bail. The petitioner shall appear before the trial Court once in a month, i.e. on the first working day of every English Calender month at 10.30 a.m., till the disposal of the appeal.

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B.PUGALENDHI, J.

ogy To

1. The learned Principal Sessions Judge, Kanyakumari at Nagercoil.

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