CRL MP(MD) NO. 513 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2026 CORAM THE HONOURABLE MR JUSTICE N. ANAND VENKATESH AND THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL MP(MD) No. 513 of 2026 in CRL.A(MD).No.37 of 2026 Pandiselvam Petitioner(s) Vs 1.State of Tamilnadu Rep By Inspector of Police, Natham Police Station, Dindigul District. (Crime No.174 of 2023) 2.XXXX Respondent(s) For Petitioner(s): Mr.SMA.Jinnah For Respondent(s): Mr.C.Christopher, Counsel for State of Tamil Nadu (Criminal Side) for R-1 ____________ https://www.mhc.tn.gov.in/judis Prayer: To Suspend the sentence and grant bail to the appellant against the judgment in Spl.S.C.No.311 of 2023 dated 20.09.2024 by the Special Court for Exclusive trial of Cases under POCSO Act, Madurai District and enlarge the appellant on bail pending disposal of the criminal appeal ORDER (Order of the Court was made by the Hon'ble N.Anand Venkatesh J.) This petition has been filed to suspend the sentence imposed on the petitioner by the judgment made in Spl.S.C.No.311 of 2023 dated 20.09.2024 by the Special Court for Exclusive trial of Cases under POCSO Act, Madurai District and to enlarge the petitioner on bail. 2. The case of the prosecution is that on 17.04.2023, at about 09.30 a.m., the minor victim girl left her house to attend the examination and she went missing on that day from 1.30 p.m., onwards. Based on the complaint, a girl missing FIR came to be registered in Crime No.174 of 2023 and in the course of investigation, the victim girl was found in the custody of the accused person. After investigation, it came to light that the accused person was already married and he had two children and in spite ____________ https://www.mhc.tn.gov.in/judis of the same, he was following the victim girl and asked the victim girl to come to Natham bus stand on 17.04.2023 after completing the examination. The victim girl also went to the bus-stand and from there, the accused is said to take taken the victim girl to various places and committed penetrative sexual assault on the victim girl. It is under these circumstances, the First Information Report was altered under Section 366 and Section 5(1) r/w Section 6 of the POCSO Act. 3. Considering the facts and circumstances of the case and on appreciation of oral and documentary evidence, the trial Court convicted and sentenced the accused person in the following manner: Offence Punishment Section 366 IPC 3 years Rigorous Imprisonment and to pay a fine of Rs.5,000/- in default to undergo 6 months Simple Imprisonment Section 6 of POCSO Act Life Imprisonment and to pay a fine of Rs.50,000/- in default to undergo one year Simple Imprisonment The above sentences were ordered to run concurrently. ____________ https://www.mhc.tn.gov.in/judis 4. Heard the learned counsel on either side. 5. The main ground that was urged on the side of the appellant is that there was a love affair between the accused person and the victim girl and it was a consensual relationship. 6. Per contra, the learned counsel for the State of Tamil Nadu (Criminal Side) submitted that the accused person was already married and had children and he had deceived the victim girl and is trying to project as if there was a love affair between the victim girl and the accused person. The learned counsel also reiterated the objections that have been raised by the prosecution in the counter-affidavit filed in this petition. 7. Taking into consideration the facts and circumstances of the case and considering the evidence of the victim girl, who was examined as P.W.2 and taking note of the nature of the relationship between the parties and also considering the fact that the accused person is inside the jail from September 2024 onwards and there are no previous cases against the accused person and it will take some more time to deal with the appeal on ____________ https://www.mhc.tn.gov.in/judis merits, this Court is nclined to suspend the sentence imposed on the petitioner and accordingly, this Criminal Miscellaneous Petition is allowed, subject to the following conditions: i. The petitioner is directed to be enlarged on bail on executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, each for a like sum to the satisfaction of the Special Court for Exclusive trial of Cases under POCSO Act, Madurai District. ii. The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Trial Court may obtain a copy of their Aadhar card or Bank passbook to ensure their identity. iii. The petitioner shall appear and sign before the trial Court at 10.30 a.m., on the first working day of every English calender month, till the disposal of the Criminal Appeal. (N.ANAND VENKATESH J.) (S.SRIMATHY J.) 08.06.2026 TSG ____________ https://www.mhc.tn.gov.in/judis To 1.The Special Court for Exclusive trial of Cases under POCSO Act, Dindigul. 2.The Superintendent of Prisons, Central Prison, Trichy. 3.The Inspector of Police, Natham Police Station, Dindigul District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ____________ https://www.mhc.tn.gov.in/judis