Kathiravan Vs State represented by, Inspector of Police

Prayer: Criminal Miscellaneous is filed under Section 430(1) r/w 483 of BNSS Act, 2023, to suspend the sentence imposed on the petitioner in Spl.S.C.No.46 of 2024, on the file of the learned Fast Track Court Exclusively to deal with Offences under the POCSO Act at Puducherry and enlarge the petitioner on bail by allowing this Criminal Miscellaneous Petition and thus render Justice.

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

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CRL MP No. 9237 of 2026

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For Petitioner(s):

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Mr..Swami Subramanian

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For Respondent(s): Mr.A.Alexander,

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Government Advocate (Pondy)

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ORDER

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This Criminal Miscellaneous Petition has been filed seeking

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suspension of sentence of imprisonment, imposed by the learned Fast Track Court Exclusively to deal with Offences under the POCSO Act at Puducherry, in Spl.SC.No.46 of 2024, vide judgment dated 14.05.2026.

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The conviction and sentence imposed against the

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petitioner/appellant, vide impugned judgment are as follows:-

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*Under Section*	*Sentence*
8 of POCSO Act, 2012	Three years rigorous imprisonment and
	fine of Rs.10,000/-, in default, to undergo three months simple imprisonment.

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The sentences were ordered to run concurrently.

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The submissions of the learned counsel appearing for the petitioner/appellant are as follows:-

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CRL MP No. 9237 of 2026

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3.1. The Petitioner was charged for the offence under Section 8 of

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POCSO Act, 2012. The offence said to have taken place on 06.07.2024, at that time, the victim was aged about 17 years and the petitioner himself was aged about 27 years.

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3.2. There are arguable points available in the Criminal Appeal,

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which is unlikely to be taken up for final hearing in the near future and the petitioner/appellant has a fair chance of succeeding in the appeal.

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3.3. The fine amount has been paid by the petitioner/appellant. The

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trial Court has already suspended the sentence imposed on the petitioner/appellant till 12.06.2026. Hence, the sentence imposed on the petitioner/appellant may be suspended.

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Learned Government Advocate (Pondy) appearing for the

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respondent opposed for the grant of suspension of sentence stating that the trial Court, after taking into consideration the oral and documentary evidence produced by the prosecution, rightly found the petitioner/appellant guilty and convicted and sentenced him, as stated above.

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CRL MP No. 9237 of 2026

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Heard the learned counsel for the petitioner/appellant and the

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learned Government Advocate (Criminal 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 the submissions made by the learned counsel on either side, this Court is inclined to suspend the sentence of imprisonment imposed on the petitioner/appellant. Accordingly, till the disposal of the appeal, the relief suspension of sentence is granted to the petitioner/appellant, subject to the following conditions:-

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“ (i) The petitioner/appellant shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each, with two sureties, each for a like sum to the satisfaction of the Fast Track Court Exclusively to deal with Offences under the POCSO Act at Puducherry ;

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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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CRL MP No. 9237 of 2026

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