S.Kumaran v. State of Tamilnadu Represented by the Inspector of Police

ORDER This Criminal Miscellaneous Petition has been filed to suspend the conviction and sentence passed by the the learned Sessions Judge, the Special Court for Exclusive Trial of Cases under POSCO Act, Vellore, in Spl.S.C.No.67 of 2025 dated 19.01.2026 pending disposal of the above criminal appeal. Page No.1/5

¶2The petitioner/Accused in Spl.S.C.No.67 of 2025 was convicted and sentenced by the Trial Court by judgment dated 19.01.2026 as follows: under Section Sentence imposed 11(i) r/w 12 of POCSO Act, 2012 To undergo RI for 2 years and to pay a fine of Rs.10,000/-, (id) 3 months SI.

¶3Aggrieved by the same, the petitioner filed Crl.A.No.194 of 2026 before this Court along with the instant miscellaneous petition seeking suspension of sentence and bail.

¶4It is the case of the prosecution that the petitioner had committed sexual harassment to the victim girl and her mother by abusing them in filthy language and also by making inappropriate gestures on 21.02.2025.

¶5The learned counsel appearing for the petitioner would submit that there are several arguable points in the above appeal; and that the sentence of imprisonment has been suspended by the trial Court; and hence, prayed for grant of suspension of sentence to the petitioner.

¶6Heard the learned Government Advocate (Crl. Side) appearing Page No.2/5 for the respondent police.

¶7Considering the submissions made by the learned counsel for the petitioner that there are arguable points in the above appeal; that the sentence imposed on the petitioner is two years; and that the appeal is not likely to be taken in near future, this Court is inclined to suspend the sentence imposed on the petitioner on the following conditions till the disposal of the criminal appeal.

(i) The petitioner shall execute a bond for a sum of Rs.10,000/- with two sureties, each for a like sum to the satisfaction of the learned Sessions Judge/ Special Court to deal with cases related to POCSO Act, Vellore;

(ii)The petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank pass Book and mobile numbers to ensure their identity; and

(iii)The petitioner shall appear before the trial Court on the first working day of every month at 10.30 a.m. until the disposal of the appeal and if he 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. 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. Page No.3/5 18-02-2026 Mac To

¶1The Special Court to deal with cases related to POCSO Act, Vellore.

¶2The Inspector of Police, Pernambut Police Station, Vellore District.

¶3The Public Prosecutor, High Court, Madras. Page No.4/5 Crl.M.P.No.2946eofe2026 SUNDERoMOHANoJ. Mac CRLoMPoNo.o2946oofo2026 inoCRLoAoNo.o194oofo2026 18-02-2026 PageeNo.5/5

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-02-2026 CORAM THE HONOURABLE MR.JUSTICE SUNDER MOHAN CRL MP No. 2946 of 2026 in CRL A No. 194 of 2026 S.Kumaran S/o.Singaram, No. 22/6, Chittoran Street, Pernambut, Gudiyatham, Vellore District- 635 810. ... Petitioner (s) Vs. State of Tamilnadu Represented by The Inspector of Police Pernambut Police Station, Vellore District. Crime No. 55 of 2025. ...Respondent(s) PRAYER: Criminal Miscellaneous Petition is filed under Section 430(1) of BNSS r/w 389(1) of Cr.P.C., to suspend the sentence imposed by the learned Special Court under POCSO Act, Vellore in Spl.S.C.No. 67 of 2025 vide judgment dated 19.01.2026 and release the petitioner on bail pending disposal of the Criminal Appeal. For Petitioner (s): Mr.M.R.Thangavel For Respondent(s): Mr.S.Balaji Government Advocate (Crl. Side)