Mayakrishnan v. State Of Tamilnadu Rep By Inspector Of Police, Puthiamputhur

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.04.2026

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI in CrlA(MD)No.1387 of 2025 Mayakrishnan

...Petitioner

Vs The State of rep by the Inspector of Police, Puthiyamputhur Police Station, Thoothukudi District.

[Crime No.372 of 2020] ... Respondent PRAYER: Petition filed under Section 430(1) of Bharatiya Nagarik Suraksha Sanhita, to suspend the sentence of imprisonment imposed on the petitioners in the judgment and conviction delivered by the Sessions Judge Additional POCSO Court, Thoothukudi in SplSC.No.17 of 2021 vide judgment dated 13.08.2025 and enlarge the petitioner on bail pending disposal of the main criminal appeal before this court. For Petitioner : Mr.P.Samuel Gunasingh For Respondent : Mr.S.Prakash, Government Advocate 1/8

ORDER

The petitioner is the sole accused in SplSC.No.17 of 2021 on the file of the learned Sessions Judge, Additional POCSO Court, Thoothukudi. He was tried, found guilty by the trial Court for the offence under Section 3 r/w Section 4(1) of the Protection of Children From Sexual Offences Act and convicted and sentenced to undergo ten years rigorous imprisonment with fine of Rs.3000/-, in default, to undergo rigorous imprisonment for six months. As against the conviction and sentence imposed by the trial Court in SplSC.No.17 of 2021, dated 13.08.2025, the petitioner has filed a Criminal Appeal in Crl.A(MD)No. 1387 of 2025 and the same was admitted by this Court on 02.01.2026. Along with the appeal, the petitioner has also moved this application to suspend the sentence imposed on him by the trial Court. 2.The case of the prosecution is that the petitioner and the victim had loved each other and on the promise of marrying her, the petitioner has taken the victim to a secluded place and had physical relationship with her. Hence the case.

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3.The learned counsel appearing for the petitioner by referring to the evidence of PW1 victim girl submits that even according to the victim she had loved the petitioner and she compelled the petitioner to take her along with him, since her parents were making marriage arrangements for her with another person. He further submits that the victim has not stated that they had physical relationship. However, the trial court has convicted the petitioner for the offence under Section 3 r/w Section 4(1) of POCSO Act and imposed 10 years of rigorous imprisonment. He further submits that the petitioner is in jail from 13.08.2025.

4.The learned Government Advocate submits that the petitioner is a history sheeted rowdy and it was opened on 20.10.2020 and he is having the following cases:

Sl.

No Police Station Crime No.

Offence Stage of the case Viruveedu 343/2020 269 IPC Referred Voimedu 276/2015 294(b), 352, 506(1) IPC Disposed Pudukottai 515/2020 379 IPC Disposed Puthiyamputhur 54/2023 380 IPC Disposed "

53/2023 380 and 457 IPC Disposed 3/8

"

373/2020 379IPC @ 34 and 379 IPC Disposed "

372/2020 Girl Missing @ 5(l), 6 of POCSO Act Disposed "

370/2020 379IPC @ 34 and 379 IPC Disposed "

318/2020 188 and 269 IPC Referred "

80/2019 294(b), 353, 506(1) IPC PT "

79/2019 454, 511 IPC @ 380, 454, Disposed "

37/2019 279,337 @ 279, 337, 338 IPC Disposed "

247/2016 380, 454 IPC Disposed "

111/2016 380, 457 IPC PT Thattaparai 180/2020 224 IPC Disposed Tiruchendur 142/2018 279 and 338 IPC Disposed The learned Government Advocate submits that it is a case of love affair and the victim has married another person and is living separately. 5.The learned counsel for the petitioner disputed the antecedents projected by the respondent as against this petitioner. PW2 / the father has stated that they had warned the victim not to have any contact with the petitioner, however she continued her relationship with the petitioner. Therefore, according the learned Counsel all these were foisted at the instance of PW2. He further submits that these case are registered either prior to or after registration of the case in Crime No.372 of 2020. 4/8

6.This court has considered the rival submissions made. 7.This is a case of Romeo-Juliet clause. The victim girl has admitted that it is a love affair between the petitioner and her and she only compelled the petitioner to take her along with him. Though the prosecution has projected that the petitioner is having several other cases, it appears most of the cases are registered just prior to the registration of the present case or immediately after the registration of the present case in Crime No.372 of 2020. Therefore, this court is inclined to allow this petition.

8.Accordingly this petition is allowed and the substantive sentence of imprisonment imposed on the petitioner alone is suspended pending disposal of the criminal appeal on the following conditions: (i)The petitioner is ordered to be enlarged on bail on executing a bond for Rs.1,00,000/- (Rupees One Lakh) with two sureties each for a like sum, to the satisfaction of the Sessions Judge, Additional POCSO Court, Thoothukudi.

(ii)The petitioner shall file an affidavit before the respondent 5/8

police that he will not misuse this liberty and will not indulge in any further offence and he will also be available for the appeal proceedings and he will not visit the occurrence village pending the appeal. (iii)The petitioner shall stay at Trichy and report before the Inspector of Police, Palakarai Police Station, Trichy daily at 10.30 am. (iv)If the petitioner changes his residence, the address shall be informed to the respondent police immediately. (v)If the petitioner violates any of the conditions, the respondent police shall move an application to cancel the order of suspension of sentence of imprisonment.

09.04.2026 DSK To 1.The Inspector of Police, Puthiyamputhur Police Station, Thoothukudi District.

2.The Sessions Judge, Additional POCSO Court, Thoothukudi.

3.The Superintendent, Central Prison, Palayamkottai.

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Copy to 1.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

2.The Inspector of Police, Palakarai Police Station, Trichy.

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B.PUGALENDHI.J., DSK in CrlA(MD)No.1387 of 2025 09.04.2026 8/8