Selvam @ Selvakumar v. State of Tamilnadu Rep by Inspector of Police, Kanyakumari-Awps

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.

¶2The 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 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.

¶3The 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.

¶4The 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.

¶5Considering the fact that there are arguable points raised in the 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;

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.

¶5Accordingly, this Criminal Miscellaneous Petition is ordered.

21.05.2026 rmi Note: Issue Order Copy on 22.05.2026. To:

¶1The Special Court for Exclusive Trial of Cases under POCSO Act, Kanniyakumari District at Nagercoil.

¶2The Inspector of Police, All Women Police Station, Kanniyakumari District.

¶3The Additional Public Prosecutor, Madurai Bench of Madras High Court. Madurai.

R.VIJAYAKUMAR, J. rmi in Crl.A.(MD)No.582 of 2026 Dated: 21.05.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.05.2026 CORAM THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR 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. For Petitioner : Mr.R.Karunanidhi For Respondent : Mr.Abdul Kalam Azad Government Advocate (Crl.side)