KURIVITHALAIYAN @ GOKULAKANNAN v. THE STATE REP. BY
CRL MP/546/2025 · 2025-06-13
G K Ilanthiraiyan
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 9953 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9953 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Crl.MP.No.546 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13.06.2025
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.546 of 2025 in Crl.A.No.1276 of 2024 Kuruvithalaiyan @ Gokulakannan ...Petitioner
Vs. State, rep. By The Inspector of Police, All Women Police Station, Rasipuram, Namakkal District (crime No.10 of 2020) ... Respondent 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. For Petitioner : Mr.M.Dinesh For Respondent : Mr.S.Raja Kumar Additional Public Prosecutor 1/4 https://www.mhc.tn.gov.in/judis
Crl.MP.No.546 of 2025
ORDER 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.
2. 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: 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 2/4 https://www.mhc.tn.gov.in/judis
Crl.MP.No.546 of 2025
3. Heard, the learned counsel appearing on either side and perused, all the materials placed before this Court.
4. 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.
5. Accordingly, this petition is dismissed. 13.06.2025
Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order lok 3/4 https://www.mhc.tn.gov.in/judis
Crl.MP.No.546 of 2025 G.K.ILANTHIRAIYAN, J. lok To 1.The learned Sessions Judge, Magalir Neethi Mandram (Fast Track Mahila Court), Namakkal 2.The Inspector of Police, All Women Police Station, Rasipuram, Namakkal District 3.The Public Prosecutor, High Court of Madras, Chennai. Crl.M.P.No.546 of 2025 in Crl.A.No.1276 of 2024 13.06.2025
4/4 https://www.mhc.tn.gov.in/judis