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2026 DAILYLAW 48675 (MAD)

Shanmugavel v. State Of Tamilnadu Rep By Inspector Of Police, AWPS-Thiruvaikuntam

CRL MP(MD)/13003/2026 · 2026-07-07

B Pugalendhi

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.M.P.(MD)No.13003 of 2026 in Crl.A.(MD)No.827 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2026 CORAM THE HONOURABLE MR JUSTICE B.PUGALENDHI Crl.M.P.(MD)No.13003 of 2026 in Crl.A.(MD)No.827 of 2024 Shanmugavel ... Petitioner versus The Inspector of Police, All Women Police Station, Thiruvaikuntam, Thoothukudi District. (Cr.No.5 of 2021) ... Respondent Petition filed under Section 430 of BNSS seeking to suspend the sentence imposed against the petitioner in Spl.S.C.No.84 of 2021 on the file of the Principal Special Court for Exclusive Trial of Case under POCSO Act, Thoothukudi District, dated 04.03.2024 and release the petitioner on bail till the disposal of the main appeal. For Petitioner : Dr.R.Alagumani 1/4 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.13003 of 2026 in Crl.A.(MD)No.827 of 2024 For Respondent : Mr.V.Shathurthi Raja Government Advocate (Crl. Side) ORDER The petitioner is the sole accused in Spl.S.C.No.84 of 2021 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi. He was tried for the offence under Section 5(m) r/w. 6 of POCSO Act that he is alleged to have committed penetrative sexual assault on the victim girl. The trial Court, by its Judgment dated 04.03.2024, found the petitioner guilty for the offence under Section 5(m) r/w. Section 6 of the POCSO Act, convicted and sentenced to undergo 20 years rigorous imprisonment with a fine of Rs.10,000/- in default, to undergo one year simple imprisonment. As against the Judgment of conviction, the petitioner has filed an appeal in Crl.A.(MD)No.827 of 2024 and the same has been admitted by this Court on 17.10.2024. Along with the appeal, the petitioner has filed a petition in Crl.M.P.(MD)No.10935 of 2024 seeking to suspend the sentence and the same has been dismissed by this Court, by order dated 12.03.2025. This is the second petition filed by the petitioner seeking to suspend the sentence imposed by the trial Court. 2/4 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.13003 of 2026 in Crl.A.(MD)No.827 of 2024 2. This Court, after considering the merits of the case and the nature of offence, has rejected the earlier petition filed by the petitioner in Crl.M.P. (MD)No.10935 of 2024, by order dated 12.03.2025. Since there is no change in circumstances of the case, this Criminal Miscellaneous Petition is dismissed. 3. This Court, while dismissing the earlier petition, directed the Registry to prepare the typed set of papers. However, the said order has not been complied with by the Registry and the typed set of papers is not yet made ready. 4. Therefore, the Registry is directed to prepare the typed set of papers and list the matter for final disposal in the 2nd week of August 2026. 07.07.2026 ogy To 1. The Inspector of Police, All Women Police Station, Thiruvaikuntam, Thoothukudi District. 3/4 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.13003 of 2026 in Crl.A.(MD)No.827 of 2024 B.PUGALENDHI, J. ogy 2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.M.P.(MD)No.13003 of 2026 in Crl.A.(MD)No.827 of 2024 07.07.2026 4/4 https://www.mhc.tn.gov.in/judis