GopalakrishnanS/o. Dharmalingam v. The State

CRL MP No. 8900 of 2026IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 18-06-2026CORAMTHE HON'BLE MR JUSTICE C. SARAVANANCRL MP No. 8900 of 2026INCRL A NO. 648 of 2026 GopalakrishnanS/o. Dharmalingam, Residing at No.263,Boyar Colony, Merkathiyanur Village, Matrapalli Post, Tirupattur Taluk, Tirupattur District...Petitioner(s)VsThe State Rep.by, Inspector of Police, Tirupattur All Women Police Station, Tirupattur District. Cr.No.21 of 2024...Respondent(s)Prayer: Criminal Miscellaneous Petition filed under Section 430(1) of BNSS, to suspend the sentence imposed by the Honble District and Sessions Judge, Tirupattur District in Spl.S.C.No.2 of 2025 dated 27.04.2026 and enlarge the petitioner /Appellant on bail pending disposal of the above Criminal Appeal.__________Page1 of 6 https://www.mhc.tn.gov.in/judis CRL MP No. 8900 of 2026 For Petitioner(s):Mr.M.ArunFor Respondent(s):Mr.M.Mohamed Riyaz, Government Advocate(Crl. Side)ORDER This Criminal Appeal has been filed against the impugned Judgment dated 27.04.2026 passed by the District and Sessions Court, Tirupattur in Spl.SC.No.2 of 2025. In this Appeal, the Petitioner has filed a Petition under Section 430(1) of BNSS for seeking suspension of sentence of imprisonment, pursuant to the conviction of the Petitioner/Appellant.

The conviction and sentence imposed against the Petitioner/Appellant, vide impugned judgment are as follows:-Under SectionSentence78 of BNSOne year Simple imprisonment and fine of Rs.5,000/-, in default, to undergo three months simple imprisonment.11(i) r/w 12 of POCSO ActOne year simple imprisonment and fine of Rs.5,000/-, in default, to undergo three months simple imprisonment. The aforesaid sentences were ordered to run concurrently.__________Page2 of 6 https://www.mhc.tn.gov.in/judis CRL MP No. 8900 of 20263. It is informed by the learned counsel for the Petitioner that the Petitioner is working after the impugned order was passed.

The learned Government Advocate (Criminal Side) appearing for the respondent submits that the trial Court, after taking into consideration the oral and documentary evidence produced by the prosecution, rightly found that the Petitioner/Appellant guilty and convicted and sentenced him, as stated above. However, he opposed for granting suspension of sentence.

Heard the learned counsel for the Petitioner/Appellant and the learned Government Advocate (Criminal Side) appearing for the respondent and perused the materials on record.

It appears that the Petitioner was charged for the offence under Sections 11(i) r/w 12 of POCSO Act, 2012. The offence is said to have taken place on 29.11.2024. At the time of commission of offence, the Petitioner himself was about 19 years old and the victim was about 14 years old. Primafacie indications are that the Petitioner requires counselling rather than reformation in a prison.__________Page3 of 6 https://www.mhc.tn.gov.in/judis CRL MP No. 8900 of 20267. There are arguable points available in the Criminal Appeal, which is unlikely to be taken up for final hearing in the near future. The Petitioner/Appellant appears to have a fair chance to succeed in the above appeal. The fine amount has been also paid by the petitioner/appellant. Hence, I see no impediment in suspending the sentence imposed on the Petitioner/Appellant.

Accordingly, the Criminal Miscellaneous Petition stands ordered.18-06-2026Index: Yes/NoSpeaking/Non-speaking orderNeutral Citation: Yes/NoVVTo1. The District and Sessions Judge, Tirupattur District.2. The Inspector of Police, Tirupattur AWPS Police Station, Tirupattur District.3. The Public Prosecutor, High Court, Madras__________Page5 of 6 https://www.mhc.tn.gov.in/judis CRL MP No. 8900 of 2026C.SARAVANAN, J.VVCRL MP No. 8900 of 2026INCRL A NO. 648 OF 202618-06-2026__________Page6 of 6