[Cites 5, Cited by 0]
Madras High Court
Selvam @ Selvakumar vs State Of Tamilnadu Rep By Inspector Of ... on 21 May, 2026
Author: R.Vijayakumar
Bench: R.Vijayakumar
Crl.MP(MD)No.9917 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.05.2026
CORAM
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
Crl.MP(MD)No.9917 of 2026
in
Crl.A.(MD)No.582 of 2026
Selvam @ Selvakumar ... Petitioner
Vs.
The State of Tamil Nadu
Represented by
The Inspector of Police,
All Women Police Station,
Kanniyakumari District.
(Crime No.19 of 2019) ... Respondent
Prayer : This Criminal Miscellaneous Petition filed under Section 430(1)
of B.N.S.S. praying to suspend the sentence imposed on the petitioner by
the learned Special Court for Exclusive Trial of Cases under POCSO
Act, Kanniyakumari District at Nagercoil in Special S.C.No.3 of 2020 by
the Judgment dated 22.04.2026 and enlarge the petitioner on bail
pending disposal of the above appeal.
1/6
https://www.mhc.tn.gov.in/judis
Crl.MP(MD)No.9917 of 2026
For Petitioner : Mr.R.Karunanidhi
For Respondent : Mr.Abdul Kalam Azad
Government Advocate (Crl.side)
ORDER
This Criminal Miscellaneous Petition has been filed, praying to
suspend the sentence imposed on the petitioner by the learned Special
Court for Exclusive Trial of Cases under POCSO Act, Kanniyakumari
District at Nagercoil in Special S.C.No.3 of 2020 by the Judgment dated
22.04.2026.
2. The learned counsel for the petitioner would submit that the
petitioner was convicted by the learned Special Court for Exclusive Trial
of Cases under POCSO Act, Kanniyakumari for the offence under
Section 366 of IPC, sentenced to undergo 3 years rigorous imprisonment
and also imposed a fine of Rs.1000/- with a default sentence of 3 months
simple imprisonment and Section 506(1) of IPC, sentenced to undergo
one year rigorous imprisonment and also imposed a fine of Rs.1,000/-
with a default sentence of 3 month simple imprisonment and Section 8 of
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POCSO Act, sentenced to undergo 3 years rigorous imprisonment and
also imposed a fine of Rs.10,000/- with a default sentence of 6 months
simple imprisonment. Aggrieved by the same, the petitioner has filed the
present Criminal Appeal in Crl.A.(MD)No.582 of 2026 before this Court
along with the instant miscellaneous petition seeking suspension of
sentence and bail.
3. The learned Counsel for the petitioner would further submit that
the petitioner has raised substantial grounds in the above appeal, which
requires consideration. Hence, he prayed for granting suspension of
sentence and bail to petitioner.
4. The learned Government Advocate (crl.side) appearing for
respondent opposed the submissions of the learned counsel for the
petitioner and submitted that judgment passed by the Court below is as
per law after considering the entire evidence, thus the relief sought by
petitioner at this stage be refused by this Court.
5. Considering the fact that there are arguable points raised in the
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appeal and taking into consideration, facts and circumstances of the case
and that it is also likely to take a while before the appeal is finally heard,
this Court is inclined to grant suspension of sentence and bail, on the
following conditions, till the disposal of the above Criminal Appeal:
i) The petitioner is directed to be enlarged on bail on his executing
a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two
sureties each for a like sum to the satisfaction of the learned Special
Court for Exclusive Trial of Cases under POCSO Act, Kanniyakumari
District at Nagercoil;
ii) The petitioner and sureties shall affix their photographs and
Left Thumb Impression in the bond and the above said Court may obtain
a copy of their Aadhaar card or Bank pass Book to ensure their identity;
iii) The petitioner shall appear and sign before the Special Court
for Exclusive Trial of Cases under POCSO Act, Kanniyakumari District
at Nagercoil, on the first working day of every month at 10.30 a.m., until
the disposal of the appeal;
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iv) In case, if the petitioner is not able to appear before the trial
Court on any day, he shall make arrangements to file an application
under Section 317 Cr.P.C. (corresponding to 355 B.N.S.S) and shall
appear before the trial Court on any other day in lieu of the date of his
absence, as directed by the trial Court.
5. Accordingly, this Criminal Miscellaneous Petition is ordered.
21.05.2026
rmi
Note: Issue Order Copy on 22.05.2026.
To:
1. The Special Court for Exclusive Trial of Cases under POCSO
Act, Kanniyakumari District at Nagercoil.
2. The Inspector of Police,
All Women Police Station,
Kanniyakumari District.
https://www.mhc.tn.gov.in/judis
3. The Additional Public Prosecutor,
Madurai Bench of Madras High Court.
Madurai.
R.VIJAYAKUMAR, J.
rmi
Order made in
in
Dated: 21.05.2026
https://www.mhc.tn.gov.in/judis
