[Cites 1, Cited by 0]
Madras High Court
Prakash vs The State Through Inspector Of Police on 17 March, 2026
Author: B.Pugalendhi
Bench: B.Pugalendhi
Crl.MP(MD)No.12377 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :17.03.2026
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
Crl.MP(MD)No.12377 of 2025
in
Crl.A(MD) No.966 of 2025
Prakash ... Petitioner
Vs.
The State through Inspector of Police,
All Women Police Station,
Kulithalai, Karur District.
[Crime No.26 of 2023] ... Respondent
Prayer: Petition filed under Section 430(1) and 483 of BNSS,to suspend the
execution of sentence imposed on the petitioner / appellant by the
Additional Sessions Judge (FTMC), Karur in SplSC.No.24 of 2024 dated
4th August 2025 and enlarge him on bail pending disposal of the criminal
appeal.
For Petitioner : Mr.RM.Sivakumar
For Respondent : Mr.A.S.Abul Kalaam Azad,
Government Advocate
1/6
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Crl.MP(MD)No.12377 of 2025
ORDER
The petitioner is accused No.1 in SplSC.No.24 of 2024 on the file
of the Additional Sessions Court (FTMC), Karur and he was tried, found
guilty, convicted and sentenced to undergo five years of rigorous
imprisonment with a fine of Rs.1,000/- and in default to pay the fine, to
undergo one month simple imprisonment for the offence under Section
9(m) r/w Section 10 of the POCSO Act. As against the conviction and
sentence imposed by the trial Court, the petitioner has filed an appeal in Crl
A(MD)No.966 of 2025 along with this petition to suspend the sentence
imposed on him by the trial court. The appeal has been admitted by this
Court.
2.The learned counsel appearing for the petitioner submits that the
petitioner has not involved in any offence as alleged by the prosecution.
Even according to the prosecution case, there was injury on the lips of the
victim, however, there is no external injury on the victim as per the medical
evidence.
3.The learned Government Advocate appearing for the respondent
submits that the ground raised by the petitioner have been discussed by the
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trial court and the petitioner has been found guilty and convicted.
4.This Court considered the rival submissions made and perused
the material placed on record.
5.The petitioner has raised certain arguable points, which can be
considered only during the final hearing of the appeal. However the appeal
could not be taken up for final hearing for want of time. Considering the
points raised by the petitioner and that the appeal could not be taken up
immediately and the petitioner's period of incarceration, this Court is
inclined to allow this petition.
7. Accordingly this petition is allowed and the substantive sentence of
imprisonment 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.25,000/- (Rupees Twenty Five Thousand only) with two
sureties each for a like sum to the satisfaction of the learned Additional
Sessions Judge (FTMC), Karur.
(ii)The petitioner shall file an affidavit before the respondent
police that he will not misuse this liberty and will not indulge in any further
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offence.
(iii)The petitioner shall report before Inspector of Police,
Amathur Police Station, Virudhunagar District daily at 10.30 am and he
shall not visit the occurrence village pending the appeal.
(iv) 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.
17.03.2026
DSK
To
1.The Inspector of Police,
All Women Police Station,
Kulithalai, Karur District.
2.The Additional Sessions Judge (FTMC),
Karur
3.The Superintendent,
Central Prison,
Trichy.
Copy to
1.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
2.The Inspector of Police,
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Amathur Police Station,
Virudhunagar District.
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B.PUGALENDHI, J.,
DSK
in
17.03.2026
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