Ganapathi v. State Of Tamilnadu Rep By Inspector Of Police, Vengamedu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :29.04.2026

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Crl.M.P.(MD)No.15334 of 2025 in Crl.A.(MD)No.215 of 2022 Ganapathi ... Petitioner Vs.

State represented by The Inspector of Police, Vengamedu Police Station, Karur District.

(Crime No.110 of 2019) ... Respondent Prayer: Petition filed under Section 430(1) of BNSS to suspend the sentence passed by the learned Additional Sessions Court, Fast Track Mahila Court, Karur in Spl.S.C.No.5 of 2019, dated 12.11.2021 and grant bail to the petitioner, till the disposal of the appeal. For Petitioner :

No appearance For Respondent :

Mr.A.S.Abul Kalam Azad Government Advocate (Crl. Side) 1/6

O R D E R

The petitioner, an accused in Spl.S.C.No.5 of 2019, on the file of the learned Additional Sessions Judge, Fast Track Mahil Court, Karur was tried before the trial Court, that he misbehaved with the defacto complainant's minor daughters, found guilty by the trial Court and was convicted and sentenced as under:- Sl.No Sections Punishment Fine amount Default 6 of POCSO Act (2 counts) 10 years RI Rs.50,000/- 1 year SI 8 of POCSO Act 5 years imprisonment Rs.50,000/- 6 months SI 4 of TN Prohibition of Harassment of Women Act 2 years imprisonment Rs.10,000/- 3 months SI 294(b) IPC 3 months imprisonment - - 506(i) IPC 2 years imprisonment - - 2/6

As against the conviction and sentence imposed by the trial Court in Spl.S.C.No.5 of 2019, dated 12.11.2021, the petitioner has filed a Criminal Appeal in Crl.A(MD)No.215 of 2022 and the same was admitted by this Court on 16.03.2022.

2. Pending appeal, the petitioner has moved an application in Crl.M.P.(MD)No.5919 of 2022 and the same was dismissed by order dated 06.07.2022. The second application filed by this petitioner in Crl.M.P. (MD)No.72 of 2023 was also dismissed on 08.03.2023. Thereafter, the petitioner has filed Crl.M.P.(MD)No.9527 of 2023 and this Court vide order dated 05.03.2024, granted interim order of suspension of sentence with a condition to surrender before the Superintendent, Central Prison, Trichy on 06.06.2024. However, the petitioner has not surrendered as directed by this Court. Hence, this Court vide order dated 10.06.2024 dismissed the third application for suspension of sentence. Thereafter, the present application has been filed on 23.10.2025 to suspend the sentence.

3. When the application was taken up for hearing on 25.03.2026, there was no representation for the petitioner and hence, this application is 3/6

listed under the caption 'for dismissal' today. Even today, there is no representation for the petitioner.

4. Ms.P.Revathi, SSI, who has been deployed for the purpose of instructing the learned Government Advocate is not aware of the details as to whether this petitioner has been secured or not.

5. Anyhow, considering the conduct of the petitioner, this Court is not inclined to entertain this petition. Accordingly, this Criminal Miscellaneous Petition is dismissed.

6. However, the Deputy Superintendent of Police, Karur is expected to ascertain whether the petitioner has been secured or not and file a report before this Court on 10.06.2026. List the main appeal on 10.06.2026.

29.04.2026 mbi 4/6

To 1.The learned Additional Sessions Judge, Fast Track Mahila Court, Karur.

2.The Deputy Superintendent of Police, Karur.

3.The Inspector of Police, Vengamedu Police Station, Karur District.

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

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B.PUGALENDHI, J., mbi Crl.MP(MD) No.15334 of 2025 in Crl.A(MD) No.215 of 2022 29.04.2026 6/6