[Cites 7, Cited by 0]
Madras High Court
Dharmalingam vs State Of Tamil Nadu Represented By on 9 March, 2026
Author: B.Pugalendhi
Bench: B.Pugalendhi
Crl.MP(MD) No.1149 of 2026 in
Crl.A(MD) No.89 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :09.03.2026
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
Crl.MP(MD) No.5620 of 2025
in
Crl.A(MD) No.89 of 2026
Dharmalingam ... Petitioner
Vs.
State of Tamil Nadu represented by
The Inspector of Police,
Karuppayurani Police Station,
Madurai District.
[Crime No.3 of 2020] ... Respondent
Prayer: Petition filed under Section 430 (1) of BNSS, to suspend the
sentence imposed by the learned Principal Special Court for Exclusive Trial
of Cases under Section POCSO Act, Madurai in SplSC.No.62 of 2020
dated 19.11.2025 and enlarge on bail pending disposal of the criminal
appeal.
For Petitioner : Mr.R.Mariappan
For Respondent : Mr.A.S.Abul Kalaam Azad
Government Advocate
1/6
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Crl.MP(MD) No.1149 of 2026 in
Crl.A(MD) No.89 of 2026
ORDER
The petitioner / an accused was tried in SplSC.No.62 of 2020 by the
Principal Special Court for Trial of Cases under POCSO Act, Madurai, for
the offence under Sections 451, 354 and 506(ii) IPC and Sections 7 and 8
of the POCSO Act. However by judgment dated 19.11.2025, the petitioner
was found guilty, convicted and sentenced to undergo 2 years rigorous
imprisonment with a fine of Rs.3,000/- in default to undergo 4 months
simple imprisonment for the offence under 451 IPC; sentenced to undergo
5 years rigorous imprisonment and to pay a fine of Rs.1,00,000/-, in default
to undergo 1 year simple imprisonment for the offence under
Section 354 IPC and sentenced to undergo 2 years rigorous imprisonment
and to pay a fine of Rs.2,000/-, in default to undergo 4 months simple
imprisonment for the offence under Section 506(ii) IPC. As against the
conviction and sentence imposed by the trial Court, the petitioner has filed
an appeal in Crl A(MD)No.89 of 2026 along with this petition to suspend
the sentence imposed on him by the trial court. The appeal has been
admitted by this Court.
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Crl.MP(MD) No.1149 of 2026 in
2.The learned counsel appearing for the petitioner submits that
the petitioner has assisted the opponent party in the local body election for
electing Village Panchayat President and due to election motive this
complaint has been foisted. The petitioner is in jail from the date of
conviction, ie., from 19.11.2025. According to him, the petitioner is having
a good case in the appeal and there are several contradictions among the
prosecution witnesses and this complaint itself is foisted due to election
motive. Therefore, the learned Counsel prayed that the petitioner be
enlarged on bail.
3.The learned Government Advocate submits that the prosecution
has marked school certificate and transfer certificate of the victim and the
Head Master of the particular school was also examined as witness to prove
the age of the victim. However, the trial court has strangely acquitted the
petitioner of the charges under the POCSO Act. According to him, the
petitioner aged about 45 years, entered into the house of the defacto
complainant on 03.01.2020 at about 2.15 am, gagged the victim and
attempted to kiss her.
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Crl.MP(MD) No.1149 of 2026 in
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 for the reason that the appeal could not
be taken up immediately and the petitioner's period of incarceration, this
Court is inclined to allow this petition.
6. 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 Principal Special
Court for Exclusive Trial of Cases under Section POCSO Act,
Madurai.
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Crl.MP(MD) No.1149 of 2026 in
(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
offence.
(iii) The petitioner shall report before the Inspector of Police,
R-7 KK.Nagar Police Station, Chennai daily at 10.30 am.
(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.
09.03.2026
DSK
To
1.The Inspector of Police,
Karuppayurani Police Station,
Madurai District.
2.The Principal Special Court
for Exclusive Trial of Cases under Section POCSO Act,
Madurai.
3.The Superintendent,
Central Prison, Madurai.
4.Inspector of Police,
R-7 KK.Nagar Police Station,Chennai.
Copy to
The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
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Crl.MP(MD) No.1149 of 2026 in
B.PUGALENDHI, J.,
DSK
in
09.03.2026
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