Kaleeswaran v. The State of Tamil Nadu

O R D E R The petitioner, sole accused in Spl.S.C.No.29 of 2020, on the file of the learned Sessions Judge, Fast Track Mahila Court, (Mahaleer Neethimandram), Ramanathapuram was found guilty by the trial Court and was convicted and sentenced as under:- Sl.No Sections Punishment Fine amount Default Section 5(m) r/w 6 of POCSO Act 25 years RI Rs.10,000/- 12 months SI Section 222(2) of Cr.P.C. 1 year RI Rs.100/- 1 month SI As against the conviction and sentence imposed by the trial Court in Spl.S.C.No.29 of 2020, dated 23.11.2023, the petitioner has filed a Criminal Appeal in Crl.A(MD)No.1087 of 2024 and the same was admitted by this Court on 11.12.2024. The petitioner has also moved this application to suspend the sentence imposed on him by the trial Court.

¶2On the earlier occasion on 01.04.2026, considering the medical condition of the petitioner, namely that a Coronary Angiogram had revealed single vessel disease with minimal LAD involvement and that he was being treated with antiplatelets, beta blockers and antihypertensive medications as prescribed by the Cardiologist at Madurai Medical College, this Court granted interim bail to the petitioner from 02.04.2026 to

01.05.2026, subject to the condition that the petitioner shall execute a bond for a sum of Rs.1,00,000/- with two Government sureties. It appears that, though interim bail was granted, the petitioner could not avail the benefit of the said order, as he was unable to arrange Government sureties as directed by this Court.

¶3The learned counsel appearing for the petitioner submitted that the petitioner is not in a position to arrange Government sureties and requested this Court to modify the said condition. Though this Court suggested that the petitioner should at least furnish responsible persons as sureties, the learned counsel submitted that the petitioner is unable to arrange such sureties and that the petitioner's mother and sister are willing to stand as sureties.

¶4Admittedly, this Court had already granted interim bail to the petitioner considering his medical condition. However, the petitioner could not avail the benefit of the said order in view of the condition imposed by this Court. Therefore, this Court is inclined to modify Condition No.6(i) of the order dated 01.04.2026 passed in Crl.M.P.(MD)No.13495 of 2024.

¶5Accordingly, the petitioner is ordered to be released on interim bail commencing from 02.07.2026 till 01.08.2026 with the following conditions:- i. The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties each for a like sum to the satisfaction of the learned Sessions Judge, Fast Track Mahila Court, (Mahaleer Neethimandram), Ramanathapuram. ii. The sureties shall file an affidavit of undertaking before the respondent police for the availability of the petitioner during the interim suspension period and also his surrender before the Central Prison, Madurai, on 02.08.2026. iii. The petitioner shall stay at Madurai and report before the Inspector of Police, Madurai Rajaji Hospital Outpost Police Station, daily at 10.00 a.m. and 05.00 p.m., till 01.08.2026. iv. The petitioner shall surrender before the Central Prison, Madurai on 02.08.2026 at 10.00 a.m.

¶6Post the matter 'for reporting compliance' on 04.08.2026.

30.06.2026 mbi To

1.The learned Sessions Judge, Fast Track Mahila Court, Mahaleer Neethimandram, Ramanathapuram.

2.The Inspector of Police, Thondi Police Station, Ramanathapuram District.

3.The Inspector of Police, Madurai Rajaji Hospital Outpost Police Station, Madurai.

4.The Superintendent, Central Prison, Madurai.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.MP(MD)oNo.13495oofo2024oin oCrl.A(MD)oNo.1087oofo2024 B.PUGALENDHI,oJ., mbi Crl.MP(MD)oNo.13495oofo2024 in Crl.A(MD)oNo.1087oofo2024

30.06.2026 ooooooooooo

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :30.06.2026 CORAM: THE HONOURABLE MR.JUSTICE B.PUGALENDHI Crl.M.P.(MD)No.13495 of 2024 in Crl.A.(MD)No.1087 of 2024 Kaleeswaran ... Petitioner Vs. The State represented by The Inspector of Police, Thondi Police Station, Ramanathapuram District. Crime No.11/2020 ... Respondent Prayer: Petition filed under Section 430(1) of BNSS to suspend the sentence of imprisonment imposed by the learned Fast Track Mahila Court, (Mahaleer Neethimandram), Ramanathapuram in Spl.S.C.No.29 of 2020, dated 23.11.2023 and enlarge the petitioner / appellant on bail, pending disposal of the above criminal appeal. For Petitioner : Mr.T.Karthick For Respondent : Mrs.V.Moushica, Government Advocate (Crl. Side)