Murali Krishnan Vs State Rep. by The Inspector of Police

Prayer: Criminal Miscellaneous Petition filed under Section 430(1) of BNSS, 2023, seeking to suspend the sentence of the petitioner / appellant imposed by the Special Judge, Special Court for Exclusive Trial Cases under POCSO Act, Vellore order dated 6th day of February, 2026 in S.C.No. 136 of 2022.

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For Petitioner(s): Mr.G.Babu For Respondent(s): Ms.J.R.Archana Government Advocate (Crl. Side)

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ORDER

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This Criminal Miscellaneous Petition has been filed by the petitioner / appellant, seeking suspension of sentence, imposed by the learned Special Judge (Special Court for Exclusive Trial cases under POCSO Act, Vellore), vide judgment dated 06.02.2026 in S.C.No.136 of 2022.

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

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CRL MP No. 4382 of 2026

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The conviction and sentence imposed against the petitioner / appellant

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is as follows:-

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Under Section	Sentence
11(iv) r/w 12 of POCSO Act	Two years Rigorous Imprisonment and to pay a fine of Rs.10,000/-, in default, to undergo three (3) months Simple Imprisonment.
506(i) of I.P.C.	One year of rigorous imprisonment and a fine of Rs.5,000/-, in default, to undergo two months Rigorous Imprisonment.

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3.According to the learned counsel for the petitioner / appellant, there are arguable points available in the Criminal Appeal, which is not likely to be taken for final hearing in the near future and the petitioner / appellant has got a fair chance of succeeding in the Criminal Appeal and hence, the sentence imposed against the petitioner / appellant may be suspended and the petitioner / appellant may be enlarged on bail. He further submitted that the trial Court, while convicting the petitioner, has suspended the sentence till 08.03.2026.

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Learned Government Advocate (Crl.Side) appearing for the respondent submitted that the prosecution has proved the case beyond reasonable doubt and the trial Court, on finding the petitioner / appellant guilty, convicted him as stated above. Therefore, he vehemently opposed for grant of suspension of sentence.

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

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CRL MP No. 4382 of 2026

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Heard the learned counsel for the petitioner / appellant and

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Government Advocate (Crl.Side) appearing for the respondent and perused the materials on record.

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Considering the facts and circumstances of the case and also

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considering the submissions made by the learned counsel for the petitioner / appellant, this Court is of the view that the sentence of imprisonment can be suspended on certain conditions. Accordingly, till the disposal of the Criminal

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Appeal, suspension of sentence is granted, on the following conditions :-

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i. The petitioner / appellant shall execute bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties, each for a like sum to the satisfaction of the learned Special Judge, Special Court for exclusive Trial cases under POCSO Act, Vellore;

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ii.The petitioner / appellant shall appear before the trial Court on the first working day of every English calendar month at 10.30 a.m., until further orders.

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