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2026 Supreme(Online)(Mad) 38318
IN THE HIGH COURT OF JUDICATURE AT MADRAS
B.Pugalendhi, J
Sudalaimadan – Appellant
Versus
State of Tamil Nadu – Respondent
CrlA(MD)No.164 of 2023 | SplSC.No.27 of 2020
For the Appellants/Petitioners: Mr.Jayaramachandran.A
For the Respondents:Mr.AS.Abul Kalaam Azad, Government Advocate
Bail suspension petition dismissed despite mental illness claim; prior suspensions noted, medical treatment directed.
Headnote:The petitioner, convicted under Sections 5(m), 5(n) read with 6 of the POCSO Act and sentenced to 20 years' rigorous imprisonment, sought suspension of sentence citing mental illness. The trial court found the accused guilty in SplSC.No.27 of 2020. The High Court noted prior suspensions and directed prison authorities for medical treatment if needed. The issue framed was whether interim suspension should be granted on grounds of mental illness pending appeal. The court observed that the sentence was already suspended twice and declined further suspension. The petition is dismissed, with the main appeal posted for final hearing.
| Table of Content |
|---|
| 1. details conviction under pocso act. (Para 1) |
| 2. petitioner claims mental illness. (Para 2) |
| 3. petition dismissed; treatment directed. (Para 3 , 4) |
ORDER
The petitioner is sole accused in SplSC.No.27 of 2020 on the file of the Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi. By judgment dated 04.11.2022, he was found guilty, convicted and sentenced to undergo 20 years of rigorous imprisonment with a fine of Rs.25,000/- for the offence under Sections 5(m), 5(n) r/w 6 of the POCSO Act. As against the conviction and sentence imposed by the trial Court, the petitioner has filed an appeal in CrlA(MD)No.164 of 2023. The appeal has been admitted by this Court on 30.03.2026. Along with the appeal, this petition has been filed to suspend the sentence imposed on him by the trial court.
2.The learned counsel for the petitioner submits that the petitioner is suffering with mental illness and therefore, prayed to grant of interim suspension for taking treatment.
3.This Court has perused the materials placed on record and found that the sentence imposed on the petitioner has been suspended twice. This court is not inclined to entertain this petition on the ground raised by the petitioner. In case the petitioner is suffering with mental illness, the prison authorities shall refer the petitioner to the Kilpauk Medical College Hospital, Chennai for necessary treatment.
4.Accordingly this petition is dismissed. Since this petition is dismissed, post the main appeal for final hearing during the 1st week of June 2026 under the caption ' accused in jail case'.
