Kumaravel Vs State Of Tamilnadu Rep By Inspector Of Police, Awps-Musiri

This petition is filed under Section 430(1) of BNSS to enlarge the petitioner on bail by suspending the sentence imposed by the Mahila Court, Trichy, in Special S.C.No.7 of 2023 vide judgment dated 30.03.2026

¶12

For Petitioner : Mr.M.Pichai Muthu

¶13

For Respondent : Mr.V.Shathurthiraja, Government Advocate (Crl. Side)

¶14

ORDER

¶15

The petitioner is the sole accused in Spl.S.C.No.7 of 2023 on the

¶16

file of the Mahila Court, Trichy. He was tried for the offence under 1/7

¶17

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

¶18

CRL MP(MD). No.9950 of 2026

¶19

Section 366 IPC and Section 5(l) r/w. 6(1) of POCSO Act that while he was working as a Teacher in a school, he moved closely with the victim girl, who studied in 11^th standard, by giving a cell phone and with an illintention, he abducted the victim girl to his family deity temple and thereafter, he took the victim girl to a hotel and by promising to marry her, he had sexual relationship with her. In conclusion of trial, the trial Court, by Judgment dated 30.03.2026, found the petitioner guilty for the offence under Section 366 IPC and Section 5(l) r/w. 6(1) of POCSO Act and convicted and sentenced him as under:

¶20

Sl. No	Sections	Punishment	Fine amount	Default
1.	366 IPC	5 years rigorous imprisonment	Rs.5,000/-	Six months simple imprisonment
2.	5(l) r/w. 6(1) of POCSO Act	20 years rigorous imprisonment	Rs.15,000/-	Six months simple imprisonment

¶21

Challenging the same, the petitioner/accused has preferred a criminal appeal in Crl.A.(MD)No.586 of 2026 and the same was admitted by this Court on 21.05.2026. Along with the criminal appeal, the petitioner has filed this petition seeking to suspend the sentence imposed by the trial

¶22

2/7

¶23

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

¶24

CRL MP(MD). No.9950 of 2026

¶25

Court.

¶26

The learned counsel appearing for the petitioner, without

¶27

insisting on the grounds, has relied on the marriage performed between the petitioner and the victim girl.

¶28

The victim girl has also appeared before this Court and claims

¶29

that she now became major and she married the petitioner during the trial. She also claims that since the petitioner is in jail, she is suffering without any monetary help.

¶30

Considering the submissions of the victim girl, this Court directed the respondent Police to ascertain as to whether any marriage has been performed as claimed by the learned counsel for the petitioner and the victim. The learned Government Advocate (Crl. Side) has also confirmed the said information through one Mahalakshmi, the Constable, who provided the instruction to him.

¶31

3/7

¶32

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

¶33

CRL MP(MD). No.9950 of 2026

¶34

This Court considered the rival submissions made and perused the materials placed on record.

¶35

The object of POCSO Act is to protect the children from sexual harassment. In this case, the victim claims that she married the petitioner during trial and she is suffering without any monetary help, since the petitioner is in jail.

¶36

Since the marriage has been performed between the petitioner and the victim girl and considering the plight of the victim girl, the period of incarceration and also considering the fact that the appeal could not be taken up immediately for want of time, this Court is inclined to suspend the sentence imposed on the petitioner with certain conditions.

¶37

Accordingly, the substantive sentence of imprisonment alone is suspended pending disposal of the criminal appeal and the petitioner is ordered to be enlarged on bail on the following conditions:

¶38

(i) The petitioner shall execute a bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties each for a like sum to the

¶39

4/7

¶40

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

¶41

CRL MP(MD). No.9950 of 2026

¶42

satisfaction of the Mahila Court, Trichy.

¶43

(ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address, before the trial Court as well as before the respondent Police. In the event, if there is any change of address, the same shall be intimated to the respondent Police without fail.

¶44

(iii) The petitioner has to perform register marriage within a period of one month from the date of his release and he has to report the same before the respondent Police and produce a copy of the certificate.

¶45

(iv) The petitioner shall appear before the trial Court i.e. once in a month, i.e. on the first working day of every English Calender month at 10.30 a.m., till the disposal of the appeal

¶46

(vi) If the petitioner violates any of the above conditions, it is open

¶47

to the respondent police to file an application to cancel the bail granted to him.

12.06.2026

ogy

5/7

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