Surya Prakash Alias Surya v. State Rep by

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, Magalir Neethimandram (Fast Track Mahila Court), Tiruppur in Spl.S.C.No.94 of 2021 dated 16.10.2023 and enlarge the petitioner on bail, pending disposal of the above Criminal appeal.

¶2The petitioner/accused in Spl.S.C.No.94 of 2021 on the file of the Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court), Tiruppur was found guilty for the offences under Section 366 and 344 IPC and Section 9 of Prohibition of Child Marriage Act (hereinafter referred to as 'PCM Act') and Sections 5(l) read with 6 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act') and he was convicted and sentenced as follows : S.No. Provision under which convicted Sentence passed by the Trial Court Section 5(1) read wit 6 of POCSO Act To undergo twenty years rigorous imprisonment and to pay a fine of Rs.1,500/-, in default, to undergo one year rigorous imprisonment. Section 9 of PCM Act To undergo one year rigorous imprisonment and to pay a fine of Rs.1,000/-, in default, to in S.No. Provision under which convicted Sentence passed by the Trial Court undergo six months rigorous imprisonment.

¶3Section 366 IPC To undergo seven years rigorous imprisonment and to pay a fine of Rs.1,000/-, in default, to undergo six months rigorous imprisonment.

¶4Section 342 IPC To undergo one year rigorous imprisonment. Further, the aforesaid sentences were ordered to run concurrently.

¶3Challenging the above conviction and sentence, the petitioner/accused preferred the appeal Crl.A.No.1173 of 2024 along with the instant criminal miscellaneous petition seeking suspension of sentence and to enlarge him on bail.

¶4Heard both sides and perused the materials available on record.

¶5Considering the facts and circumstances of the case and also considering the age of the victim and taking into consideration the serious nature of offences committed by the petitioner, 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.

21.04.2025 ms in To

¶1The Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court) Tiruppur.

¶2The Inspector of Police, Moolanur Police Station, Tiruppur District.

¶3The Superintendent of Prison, Central Prison, Coimbatore.

¶4The Public Prosecutor, High Court, Madras. in P.VELMURUGAN,oJ ms Crl.M.P.No.13054oofo2024 in Crl.A.No.1173oofo2024

21.04.2025 (2/2)

in IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.04.2025 CORAM THE HONOURABLE MR.JUSTICE P.VELMURUGAN in Surya Prakash @ Surya S/o. Ayyavu ... Petitioner (Now confining at Central Prison, Coimbatore) Vs. State Through The Inspector of Police, Moolanur Police Station, Tiruppur District, Crime No.635 of 2021. ... Respondent Prayer: Criminal Miscellaneous Petition filed under Section 430(1) BNSS, to suspend the sentence imposed against the appellant in Spl.S.C.No.94 of 2021 on the file of the Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court) Tiruppur dated 16.10.2023 and release the appellant on bail till the disposal of the main Criminal Appeal. For Petitioner : Mr.S.Mohammad Ansar For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor in