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2025 DAILYLAW 19498 (MAD)

KINGSLIN DEVAKUMAR v. THE STATE OF TAMILNADU, REP BY

CRL MP/2345/2025 · 2025-02-12

P Velmurugan

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.M.P.No.2345 of 2025 in Crl.A.No.172 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.02.2025 CORAM THE HONOURABLE MR.JUSTICE P.VELMURUGAN Crl.M.P.No.2345 of 2025 in Crl.A.No.172 of 2025 Kingslin Devakumar S/o.Mariyalouis ....Petitioner Vs The State of Tamil Nadu Represented by the Inspector of Police, AWPS, Jayankondam, Crime No.04 of 2021. .... Respondent Prayer: Criminal Miscellaneous Petition is filed under Section 430(1) of BNSS, 2023, to suspend the sentence in the judgment dated 26.09.2024 in Spl.S.C.No.07 of 2021 passed by the Court of the learned Sessions Judge, Fast Track Mahila Court at Ariyalur pending disposal of the above appeal. For Petitioner(s) : Mr.M.S.Ramesh For Respondent(s) : Ms.G.V.Kasthuri Additional Public Prosecutor 1/5 https://www.mhc.tn.gov.in/judis Crl.M.P.No.2345 of 2025 in Crl.A.No.172 of 2025 O R D E R This criminal miscellaneous petition has been filed seeking to suspend the sentence of imprisonment imposed on the petitioner by the learned Sessions Judge, Fast Track Mahila Court, Ariyalur in Spl.S.C.No.07 of 2021 dated 26.09.2024 and enlarge him on bail, pending disposal of the above Criminal appeal. 2. The petitioner/ appellant who was arrayed as accused in Spl.S.C.No.07 of 2021 on the file of the Fast Track Mahila Court, Ariyalur, was found guilty and convicted and sentenced for the offence under Section 8 of POCSO Act to undergo imprisonment for a period of five years and to pay a fine of Rs.5,000/-, in default, to undergo six months simple imprisonment and for the offence under Section 12 of POCSO Act to undergo imprisonment for a period of three years and to pay a fine of Rs.3,000/-, in default, to undergo three months simple imprisonment. Now the present petition is filed to suspend the sentence and enlarge the petitioner on bail, till the disposal of the main appeal. 2/5 https://www.mhc.tn.gov.in/judis Crl.M.P.No.2345 of 2025 in Crl.A.No.172 of 2025 3. Heard both sides and perused the materials available on record. 4. Considering the facts and circumstances of the case and also considering the fact that the offences committed by the petitioner are serious in nature, this Court is not inclined to suspend the sentence at this stage and the main appeal will be taken up for consideration. Hence, the miscellaneous petition is dismissed. 12.02.2025 Index : Yes/No Neutral Citation Case : Yes/No Speaking Order : Yes/No ms 3/5 https://www.mhc.tn.gov.in/judis Crl.M.P.No.2345 of 2025 in Crl.A.No.172 of 2025 To 1. The Sessions Judge, Fast Track Mahila Court, Ariyalur. 2. The Superintendent of Prison, Central Prison, Trichy. 3. The Inspector of Police, All Women Police Station, Jayankondam. 4. The Public Prosecutor, High Court, Madras. 4/5 https://www.mhc.tn.gov.in/judis Crl.M.P.No.2345 of 2025 in Crl.A.No.172 of 2025 P.VELMURUGAN, J ms Crl.M.P.No.2345 of 2025 in Crl.A.No.172 of 2025 12.02.2025 (2/2) 5/5 https://www.mhc.tn.gov.in/judis