Dismissed¶25

Kurivithalaiyan @ Gokulakannan v. the State Rep. by

Madras HC13 Jun 2025CRL MP/546/2025

Case brief

AI extract

What is this about?

Suspension of sentence; bail pending appeal; S.430(1) BNSS; repeat/second miscellaneous petition; no change of circumstances; earlier petition Crl.MP.No.14232 of 2024 dismissed on merits 26.11.2024; POCSO Act S.5(1) r/w 6 conviction; 20 years RI each count; Fast Track Mahila Court Namakkal; Crl.MP.No.546 of 2025 in Crl.A.No.1276 of 2024; dismissed 13.06.2025; High Court of Madras; G.K. Ilanthiraiyan J.

What did the court decide?

As there is absolutely no change of circumstances since the earlier identical suspension petition (Crl.MP.No.14232 of 2024) was dismissed on merits on 26.11.2024, the Court is not inclined to entertain the subsequent petition. ¶24

Kurivithalaiyan @ Gokulakannan Vs the State… — Child Sexual Offences (POCSO) | Madras HC (2025)

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Crl.MP.No.546 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 13.06.2025

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CORAM:

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THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN

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Crl.M.P.No.546 of 2025 in Crl.A.No.1276 of 2024

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Kuruvithalaiyan @ Gokulakannan ...Petitioner

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Vs.

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State, rep. By The Inspector of Police, All Women Police Station, Rasipuram, Namakkal District (crime No.10 of 2020) ... Respondent

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PRAYER : Criminal Miscellaneous Petition filed under Section 430(1) of BNSS, to suspend the sentence imposed on the petitioner in Spl.CC.No.10 of 2021 dated 11.06.2024 on the file of the learned Sessions Judge, Magalir Neethi Mandram (Fast Track Mahila Court), Namakkal and enlarge the petitioner on bail, pending disposal of the criminal appeal No.1276 of 2024.

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For Petitioner : Mr.M.Dinesh

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For Respondent : Mr.S.Raja Kumar Additional Public Prosecutor

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1/4

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https://www.mhc.tn.gov.in/judis

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Crl.MP.No.546 of 2025

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ORDER

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This Criminal Miscellaneous Petition has been filed praying to suspend the sentence imposed on the petitioner in Spl.CC.No.10 of 2021 dated 11.06.2024 on the file of the learned Sessions Judge, Magalir Neethi Mandram (Fast Track Mahila Court), Namakkal and to enlarge the petitioner on bail, pending disposal of the criminal appeal No.1276 of 2024.

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The petitioner, who is the accused in Spl.CC.No.10 of 2021 on the file of the learned Sessions Judge, Magalir Neethi Mandram (Fast Track Mahila Court), Namakkal, was convicted and sentenced, vide judgment dated 11.06.2024, as follows:

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Rank of the accused	Conviction under Section	Sentence awarded
Sole accused	Section 5(1) r/w 6(2 counts) of POCSO Act	to undergo rigorous imprisonment for a period of 20 years on each count and to pay fine of Rs.1,000/- on each count, in default to undergo simple imprisonment for three months on each count

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https://www.mhc.tn.gov.in/judis

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Crl.MP.No.546 of 2025

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Heard, the learned counsel appearing on either side and perused, all the materials placed before this Court.

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It is seen that the petitioner already filed a petition to suspend the sentence imposed on him in Crl.MP.No.14232 of 2024. However, recording the facts of the case in detail, this Court dismissed the petition on merits on 26.11.2024. This is the subsequent petition filed for the same prayer. Even then, there is absolutely no change of circumstances to consider the prayer in this petition. Therefore, this Court is not inclined to entertain this petition.

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