Balaraman v. The State Rep By, the Sub-Inspector of Police

ORDER This Criminal Miscellaneous Petition has been filed seeking suspension of sentence of imprisonment, imposed by the learned Sessions Division of Tirupattur District, Tirupattur, in S.C.No.16 of 2025 vide judgment dated

01.04.2026, pending disposal of the Criminal Appeal.

¶2In the aforesaid case, the petitioner/appellant was convicted for the offence under Section 75(2) of BNS and was sentenced to undergo rigorous imprisonment for 1 year and to pay a fine of Rs.5,000/-, in default, to undergo simple imprisonment for 3 months. The period of incarceration already undergone was ordered to be set off under Section 468 of BNSS.

¶3The case of the prosecution is that on 28.07.2024, P.W.1 – victim girl joined duty at the petitioner/appellant's shop viz., Bala Super Market, located on Pudhupettai Road, Tirupattur. On the same day, at about 10.00 a.m., the petitioner/appellant allegedly took the victim girl to a dark room on the upper floor of the supermarket and made an inappropriate request for sexual favours and warned her not to disclose the incident to anyone. Consequently, the victim girl lodged a complaint, which was registered as Crime No.325 of 2024 by the Page3 of 6 respondent Police. The case was taken on file in PRC.No.3/2025 before the learned Judicial Magistrate Court No.I, Tirupattur and subsequently was committed to the learned Sessions Division of Tirupattur District in Sessions Case No.16 of 2025. Upon considering the documents on record, the Trial Court framed a charge against the petitioner/appellant under Section 75 of BNS.

¶4During the trial, the prosecution examined 9 witnesses and marked 9 documents. On the side of the defence, neither any witness was examined nor any document was marked. When the petitioner/appellant was questioned, he pleaded not guilty.

¶5After hearing the arguments of both sides, the Trial Court found the petitioner/appellant guilty and convicted him as aforementioned. Aggrieved by the said conviction and sentence, the petitioner/appellant has preferred the present appeal along with a petition seeking suspension of sentence.

¶6The learned counsel for the petitioner/appellant submitted that the Trial Court has already suspended the sentence of the petitioner/appellant till

29.04.2026. He further submitted that there are arguable points in the Criminal Page4 of 6 Appeal, which is unlikely to be taken up for final hearing in the near future and that the petitioner/appellant has a fair chance of succeeding in the appeal and hence, the sentence imposed on the petitioner/appellant may be suspended.

¶7Per contra, the learned Government Advocate (Criminal Side), appearing for the respondent Police, vehemently opposed the petition for suspension of sentence.

¶8Heard the learned counsel for the petitioner/appellant and the learned Government Advocate (Criminal Side), appearing for the respondent Police and perused the materials on record.

¶9Considering the facts and circumstances of the case and also considering the submissions made by the learned counsel on either side, this Court is inclined to grant the relief of suspension of sentence to the petitioner/appellant, till the disposal of the Criminal Appeal, on the following conditions :- i. The petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only), with two Page5 of 6 sureties, each for a like sum to the satisfaction of the learned Sessions Division of Tirupattur District. ii. The petitioner and the sureties shall affix their photographs and left thumb impressions in the surety bonds and the Magistrate may obtain a copy of their Aadhaar Cards or Bank Passbooks to ensure their identities. iii. The petitioner shall appear before the Trial Court on the first working day of every English calendar month at

10.30 a.m., until further orders.

¶10This Criminal Miscellaneous Petition stands ordered accordingly. 22-04-2026 Index: Yes/No Speaking/Non-speaking order Sni To

1.The Sub-Inspector of Police, Tirupathur Town Police Station, Tirupathur District.

2.The Sessions Division of Tirupattur District.

3.The Public Prosecutor, High Court of Madras. CRL.MP.No.7244oofo2026 A.D.JAGADISHoCHANDIRA,oJ. Sni CRL.MP.No.7244oofo2026 inoCRL.A.No.513oofo2026 22-04-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-04-2026 CORAM THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA in CRL.A.No.513 of 2026 Balaraman ..Petitioner(s) Vs. The State rep. by The Sub-Inspector of Police, Tirupathur Town Police Station, Tirupathur District. Crime No.325 of 2024. ..Respondent(s) Prayer : Criminal Miscellaneous Petition filed under Section 430(1) r/w. 483 of BNSS, 2023, praying to suspend the sentence imposed against the petitioner in SC.No.16 of 2025 on the file of the learned Sessions Division of Tirupattur District, Tirupattur, dated 01.04.2026 and to enlarge the petitioner on bail, pending disposal of the criminal appeal. For Petitioner: Mr.E.Kannadasan For Respondent(s): Ms.J.R.Archana, Government Advocate (Criminal Side) Page2 of 6