Ramesh Kannan v. The State of Tamil Nadu

O R D E R [Order of the Court was made by G.K.ILANTHIRAIYAN, J.] Seeking to suspend the sentence imposed on the petitioner by the Fast Track Mahila Court (Mahaleer Neethimandram), Ramanathapuram, vide Judgment dated 28.02.2025 in Spl.S.C.No.56 of 2023, he has filed this Criminal Miscellaneous Petition.

¶2The petitioner stands convicted and sentenced as under: Section of Law Sentence of imprisonment Fine amoun 4(2) of POCSO Act Twenty years of Rigorous Imprisonment Rs.5,000/- i/d to undergo one year simple Imprisonment 376(3)of IPC r/w3(2)

(v) of SC/ST of (Prevention of Atrocities) Act, 1989 Life Imprisonment Rs.5,000/- i/d to undergo one year simple imprisonment 506(i) of IPC One year rigorous imprisonment Rs.1,000/- i/d to undergo two months simple imprisonment

¶3Heard the learned counsel on either side and perused the materials available on record.

¶4Considering the period of incarceration suffered by the petitioner and that there are several arguable points and further the appeal is of year 2025 and the likelihood of the appeal being taken up for final hearing in the near future is also not possible, hence we are of the opinion that it is a fit case for grant of suspension of sentence to the petitioner.

¶5Accordingly, the Criminal Miscellaneous Petition is allowed and the substantive sentence of imprisonment alone imposed on the petitioner herein is suspended, subject to the following conditions: i. The petitioner is directed to be enlarged on bail on executing a bond for Rs.10,000/- (Rupees Ten thousand only) with two sureties, each for a like sum to the satisfaction of the learned Fast Track Mahila Court (Mahaleer Neethimandram), Ramanathapuram. ii. 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 passbook to ensure their identity. iii. The petitioner shall appear and sign before the trial Court on the first working day of every English calender month at 10.30 a.m., till the disposal of the Criminal Appeal.

[G.K.I., J.] & [R.P., J.]

23.01.2026 NCC : Yes / No Index : Yes / No am Copy to

1.The Deputy Superintendent of Police, Paramakudi Sub-Division, Ramanathapuram District.

2.The Fast Track Mahila Court (Mahaleer Neethimandram), Ramanathapuram

¶3The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai. G.K.ILANTHIRAIYANo,oJ. AND oR.POORNIMA,oJoo. am CRL.MP(MD)oNo.8931oofo2025 in Crl.A(MD)No.460oofo2025

23.01.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2026 CORAM THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CRL.MP(MD) No.8931 of 2025 in Crl.A(MD)No.460 of 2025 Ramesh Kannan ....... Petitioner Vs. 1.The State of Tamil Nadu Rep. by the Deputy Superintendent of Police, Paramakudi Sub-Division, Ramanathapuram District. 2.The State of Tamil Nadu Rep. by The Inspector of Police, Parthibanoor Police Station, Ramanathapuram District. (Crime No.110 of 2023). ... Respondents 1 & 2 3.XXX XXX XXX Ramanathapuram District. ...... 3rd Respondent Prayer : Petition filed under Section 430(1) of BNSS to suspend the sentence by granting bail in Spl.S.C.No.56 of 2023, dated 28.02.2025, on the file of the Fast Track Mahila Court (Mahaleer Neethimandram), Ramanathapuram, pending disposal of the above Criminal Appeal. For Petitioner : Mr.R.Ramanujam For R1 & R2 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor