High Court · 2025

CRL MP No. 18354 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 29-10-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICRL MP No. 18354 of 2025ANDCRL A NO. 83 OF 2024 ARUNACHALAMS/O.Ammasai, 27/36, Kakkan Street, Kulathukadai, Kugalur, Gobi Taluk, Erode District.Petitioner(s)VsSTATE REP BY, The Inspector Of Police,All Women Police Station, Gobichettipalayam, Erode District. Crime No.9/2019Respondent(s)CRL MP No. 18354 of 2025PRAYERTo enlarge the petitioner on bail by suspending the sentence imposed in Spl.S.C.No.19 of 2020 dated 05.05.2021 on the file of the Sessions Judge, Magalir Neethi mandram , Fast Track Mahila Court, Erode pending disposal of Crl.A.No.83 of 2024 before this Honble Court1/7 https://www.mhc.tn.gov.in/judis CRL MP No. 18354 of 2025CRL A No. 83 of 2024PRAYERTo set aside the judgement passed in Spl.SC.No.19/2020 dated 5.5.2021 on the file of the Sessions Judge, Magalir Neethi Mandram, Fast Track Mahila Court, Erode.For Petitioner(s):Mr. T.MurugananthamFor Respondent(s):Mr.V.Meganathan,Govt. Advocate (Crl. Side)ORDERThis Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed by the learned Sessions Judge, Magalir Neethimandram, (Fast Track Mahila Court), Erode, in Spl.S.C.No.19 of 2020 dated 05.05.2021 and enlarge the petitioner on bail pending disposal of the above appeal.2.The petitioner herein is the accused in Spl.S.C.No.19 of 2020 on the file of the learned Sessions Judge, Magalir Neethimandram, (Fast Track Mahila Court), Erode. He was found guilty of the offences under Section 5(1), 5(m) r/w 6 of POCSO Act and he has been convicted and sentenced to undergo Rigorous Imprisonment for 20 years and to pay a fine of Rs.50,000/- for each count (totally Rs.1,00,000/-) in default of payment of fine, to undergo simple imprisonment for three months. Aggrieved by the same, the petitioner had filed this appeal along with the present miscellaneous petition.2/7 https://www.mhc.tn.gov.in/judis CRL MP No. 18354 of 20253.The learned counsel for the petitioner/accused would submit that he has been falsely implicated in this case as if he had committed sexual assault to the victim girl, but in fact he has not committed any offence as alleged against him. He would submit that he is in custody from the date of judgment i.e. on 05.05.2021 for more than five years and five months. He would submit that A1 is still in prison, A3 was released on bail and this petitioner is arrayed as A2. He would also submit that there are arguable points available in the Criminal Appeal and the petitioner/accused have got a fair chance of succeeding in the Criminal Appeal and hence, the substantive sentence imposed against the petitioner/accused may be suspended. He would submit that the petitioner is ready to abide the condition imposed by this Court.4.Per contra, the learned Government Advocate (Criminal Side) appearing for the respondent/State raised serious objection for allowing this petition and contended that the petitioner is a married man. Further, he would contend that he has no bad antecedents and at the time of occurrence, victim girl is aged about 11 years and he is aged about 36 years. He would further submit that the evidences recorded from the prosecution witnesses would prove the case of the prosecution beyond reasonable doubt. According to him, interference of this Court is not necessary in the findings arrived at by the trial Court.3/7 https://www.mhc.tn.gov.in/judis CRL MP No. 18354 of 20255.Heard the learned counsel appearing on either side and also perused the materials placed on record.6.On seeing the facts, it reveals that both the victim and the petitioner were belong to same locality and he is a married man, due to his incarceration, his family is struggling for their livelihood and he is in custody from the date of judgment i.e. on 05.05.2021 for more than five years and five months and he has no bad antecedents. A1 is still in prison, A3 was released on bail and this petitioner is arrayed as A2. Considering that and considering the facts and circumstances of the case coupled with the quantum of punishment imposed upon the petitioner, also by considering the submissions of the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent police, further this criminal appeal is not likely to be taken for final hearing in the near future, this Court is of the view that the substantive sentence of imprisonment alone can be suspended on certain conditions. 7.Accordingly, till the disposal of the Criminal Appeal, the substantive sentence of imprisonment imposed by the learned trial Judge is alone suspended and bail are granted on the following conditions:4/7 https://www.mhc.tn.gov.in/judis CRL MP No. 18354 of 2025(a) The petitioner/accused is ordered to be released on bail, on their executing a separate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, in which one surety must be a blood surety, for a like sum to the satisfaction of the learned Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court), Erode.(b) The petitioner/accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the Magistrate may obtain a copy of their Aadhaar Cards or Bank Pass Books to ensure their identities.(c) The petitioner shall appear before the respondent police on every Saturday at 10.30 a.m. for the period of three months and he shall also appear before the Trial Court on the first working day of every English Calendar month at 10.30 a.m., until the disposal of the Criminal Appeal and he shall not have any communication with the victim girl and her family and if he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court.5/7 https://www.mhc.tn.gov.in/judis CRL MP No. 18354 of 20258.With the above directions, this Criminal Miscellaneous Petition is ordered. 29-10-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NorppTo1. Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court), Erode. 2. The Inspector Of Police,All Women Police Station, Gobichettipalayam, Erode District. 3. The Superintendent of Prison, Central Prison, Coimbatore.4. The Public Prosecutor, High Court, Madras. 6/7 https://www.mhc.tn.gov.in/judis CRL MP No. 18354 of 2025T.V.THAMILSELVI J.rppCRL MP No. 18354 of 2025AND CRL A NO. 83 OF 202429-10-2025(1/2)7/7