Pandi v. State Of Tamilnadu Rep By Inspector Of Police, Crime Branch Cid - South, Theni

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :08.04.2026

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Crl.MP(MD) No.718 of 2026 in Pandi ... Petitioner Vs The State of Tamilnadu, Rep. by the Inspector of Police, Crime Branch CID-South, Theni.

Crime No.5/2017 ... Respondent Prayer :- This Criminal Miscellaneous Petition is filed under Section 430(1) of BNSS, 2023 to suspend the sentence imposed on the petitioner in SC.No.127 of 2019, dated 18.11.2025, on the file of the Mahalir Neethimandram, Fast Track Mahila Court, Theni and enlarge him on bail.

For Petitioner : Mrs.S.Meena For Respondent : Mr.S.Prakash Government Advocate (Crl.side) 1/7

O R D E R

The petitioner is A2 in SC.No.127 of 2019, on the file of the Mahalir Neethimandram, Fast Track Mahila Court, Theni. He was tried along with the other accused that they have induced and abducted the victim boy aged about 11 years and used him as a child labour in a factory at Karnataka. The trial Court has found the petitioner guilty, convicted and sentenced as under:- Sl.No Sections Punishment Fine amount Default 1.

367 IPC 3 years Rigorous imprisonment Rs.2,000/- 10 months simple imprisonment 2.

370(4) IPC 10 years Rigorous imprisonment Rs.2,000/- 2 years simple imprisonment 3.

374 IPC 1year Rigorous imprisonment Rs.2,000/- 3 months simple imprisonment of Juvenile Justice (Care and Protection of Children) Act 2015 3 years Rigorous imprisonment Rs.1,00,000/- 10 months simple imprisonment 4.

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of Juvenile Justice (Care and Protection of Children) Act 2015 3 years Rigorous imprisonment Rs.2,000/- 10 months simple imprisonment 5.

of Bonded Labour System (Abolition) Act 1976 1 year Rigorous imprisonment Rs.1,000/- 3 months simple imprisonment 6.

3 of Child Labour (Prohibition & Regulation) Act, 6 months Rigorous imprisonment Rs.10,000/- 1 month simple imprisonment 7.

As against the conviction and sentence imposed by the trial Court in SC.No.127 of 2019, dated 18.11.2025, the petitioner has filed a Criminal Appeal in Crl.A(MD) No.54 of 2026 and the same was admitted by this Court, by order, dated 19.01.2026. Along with the appeal, the petitioner has filed this application on 08.01.2026 to suspend the sentence imposed on him. Thereafter, the case was listed on 05.02.2026 and at request of the learned Government Advocate, the application was adjourned to 25.02.2026. The learned Government Advocate has once again taken time on 25.02.2026 and therefore, it 3/7

was adjourned to 18.03.2026. Thereafter, the case has been listed for hearing today.

2.When this application is taken up for hearing, the learned counsel appearing for the petitioner seeks adjournment that additional typed set of papers has to be filed.

3.The learned Government Advocate (Crl.side) appearing for the respondent submits that this is a clear case, where, this petitioner has used a boy, aged about 11 years as a bonded labour. According to him, the prosecution has established the case through CCTV footage and also by the evidence of PW 16/neighbour of the company, where, the victim boy was forced to work. The learned Government Advocate by referring to the evidence of PW 16/ a witness from Karnataka states that the victim boy was used in the name of Karthick in snacks manufacturing factory.

4.This Court considered the rival submissions made and also 4/7

perused the materials placed on record.

5.This is a case of child labour. The learned counsel appearing for the petitioner seeks some more time that he has to file the additional typed set of papers. The appeal was filed in the month of January 2026 and along with the appeal, this application seeking suspension of sentence was also filed. Only when this application is taken up for hearing, the learned counsel appearing for the petitioner has realized the necessity/importance of the additional typed set of papers. The learned Government Advocate is ready with the case and he was also assisted by the Officer from the concerned Police Station. 6.In view of the above, this Court is not inclined to grant further time to the petitioner's counsel. Accordingly, this Criminal Miscellaneous Petition is dismissed with liberty to file a fresh application.

08.04.2026 Index : Yes/No vrn 5/7

To 1.The Inspector of Police, Crime Branch CID-South, Theni.

2.The Superintendent, Central Prison, Madurai.

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B.PUGALENDHI, J., vrn Order made in Crl.MP(MD) No.718 of 2026 in 08.04.2026 7/7