Arunpandian v. State Represented by Its

O R D E R This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed on the petitioner by judgment dated 16.12.2024 in S.C. No. 160 of 2018 by the learned Sessions Judge, Fast Track Mahila Court, Dharmapuri, pending disposal of the above criminal appeal and enlarge the petitioner on bail.

¶2The petitioner/accused in S.C. No.160 of 2018 was convicted by the Trial Court by judgment dated 16.12.2024, for the offence under Section 366A IPC and sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of Rs.5000/- carrying a default sentence of simple imprisonment for a period of six months. Aggrieved by the same, he filed 2\6 in Crl.A.No.59 of 2026 before this Court along with the instant criminal miscellaneous petition seeking suspension of sentence and bail.

¶3The case of the prosecution is that the petitioner had kidnapped the victim girl with an intent to marry her; kept her in a house taken on rent and attempted to marry her in a temple.

¶4The learned counsel for the petitioner would submit that the petitioner was acquitted of the charge under Section 9 of Prohibition of Child Marriage Act, 2006 and the reasons assigned by the learned Trial Judge for acquitting the petitioner of the offence under Section 9 of Prohibition of Child Marriage Act, 2006 would hold good for acquitting the petitioner of the offence under Section 366A IPC also. Therefore, the learned counsel for the petitioner would submit that the learned Trial Judge ought not to have convicted the petitioner. He would further submit that there are several inconsistencies in the prosecution version; that the petitioner is in custody from 16.12.2024 and since the appeal is not likely to be taken up in the near future, prayed that the petitioner may be granted the 3\6 in relief of suspension of sentence.

¶5Heard the learned Government Advocate (Crl.Side) for the respondent.

¶6Considering the fact that the petitioner has raised substantial grounds in the appeal, which require consideration; that fixed sentence of imprisonment has been imposed; that the petitioner is under incarceration for more than a year and 2 months and that since the appeal is not likely to be taken up in the near future, this Court is inclined to grant the relief of suspension of sentence to the petitioner.

¶7Accordingly, this criminal miscellaneous petition stands allowed and the sentence imposed on the petitioner is suspended till the disposal of the above criminal appeal and the petitioner is ordered to be released on bail on the following conditions:

(i)The petitioner shall execute a bond for a sum of Rs.10,000/-, (Rupees Ten Thousand only) with two sureties, each for a like 4\6 in sum to the satisfaction of the learned Sessions Judge, Fast Track Mahila Court, Dharmapuri;

(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.

03.02.2026 nv To

¶1The Sessions Judge, Fast Track Mahila Court,, Dharmapuri. 5\6 in SUNDER MOHAN,J. nv

¶2Inspector of Police, Paupparapatty Police Station, Dharmapuri District.

¶3The Superintendent, Central Prison, Salem.

¶4The Public Prosecutor, High Court, Madras. in

03.02.2026 6\6

in IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.02.2026 CORAM THE HONOURABLE MR. JUSTICE SUNDER MOHAN in Arunpandian, S/o. Raji, Endapatti Village, Badi Post Office, Palakode Taluk, Dharmapuri District. ..Petitioner Vs. State rep. By Inspector of Police, Paupparapatty Police Station, Dharmapuri District. ..Respondent Prayer: Criminal Miscellaneous Petition filed under Section 430 of BNSS to suspend the sentence of imprisonment for life imposed on the petitioner by judgment dated 16.12.2024 in S.C. No. 160 of 2018 by the learned 1\6 in Sessions Judge, Fast Track Mahila Court, Dharmapuri and enlarge the petitioner on bail pending disposal of the criminal appeal. For Petitioner :: M/s. S. Dinuprasanth and Gowtham Tilak For Respondent :: Mr.S. Balaji, Govt. Advocate (Crl.Side)