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IN THE HIGH COURT OF JUDICATURE AT MADRASDated : 14.10.2025Coram:The Honourable Mrs.Justice T.V.THAMILSELVICrl.M.P.No.19056 of 2025in Crl.A.No.1582 of 2025Prakash ...PetitionerVersusThe State Rep. by itsThe Inspector of Police,All Women Police Station, Ooty Rural,The Nilgiris District.Crime No.1 of 2020 ...RespondentPrayer: This Criminal Miscellaneous Petition is filed under Section 430(1) of BNSS, 2023 praying to suspend the sentence imposed by the Order passed against the petitioner in Spl.S.C.No.20 of 2020 on 28.03.2025 by the learned Sessions Judge, Magalir Neethimandram (FTMC), Udhagamandalam, The Nilgiris, to enlarge the petitioner on bail pending disposal of the above said Criminal Appeal.For Petitioner:Mr.P.ThineshFor Respondent :Mr.V.Meganathan,Government Advocate (Crl.Side)1/8 https://www.mhc.tn.gov.in/judis ORDERThis Criminal Miscellaneous Petition has been filed by the petitioner/accused seeking to suspend the sentence imposed on him by the learned Sessions Judge, Magalir Neethimandram (FTMC), Udhagamandalam, The Nilgiris vide Judgment dated 28.03.2025 in Spl.S.C.No.20 of 2020 and to enlarge him on bail pending disposal of the above Criminal Appeal.2. The case of the prosecution is that the petitioner/accused and the victim girl were hailing from a same village. The petitioner/accused is a married man, but, he made the victim girl to believe that he is in love with her. The petitioner/accused had lured the victim girl and on several occasions, the petitioner/accused had sexual intercourse with the victim girl. Therefore, the victim girl became pregnant. On 06.06.2020, the victim girl gave a complaint to the respondent Police. Based on the complaint given by the victim girl, the respondent Police registered a case against the petitioner/accused and conducted investigation. After the completion of 2/8 https://www.mhc.tn.gov.in/judis investigation, the respondent Police had filed the Final Report. The trial Court had taken the case on file in Spl.S.C.No.20 of 2020. The petitioner was found guilty for the offence under Section 5(1) r/w. Section 6 of the POCSO Act, 2012. Hence, the learned Sessions Judge, Magalir Neethimandram, (FTMC), Udhagamandalam, The Nilgiris vide Judgment dated 28.03.2025 in Spl.S.C.No.20 of 2020, convicted the petitioner/accused under Section 235(ii) of Cr.P.C and sentenced him to undergo rigorous imprisonment for a period of twenty years and to pay a fine of Rs.10,000/-, in default, to undergo three months simple imprisonment. Aggrieved by the said conviction and sentence, the petitioner has preferred the present Criminal Appeal before this Court.3. The learned counsel for the petitioner/accused submitted that the victim girl had love affair with the petitioner/accused, but, the victim girl's father did not accept the love of his daughter for the reason that the petitioner/accused does not belong to their community and thus, the victim girl's father gave a complaint against the petitioner/accused. Based on his complaint, the petitioner/accused has been falsely implicated in this case.3/8 https://www.mhc.tn.gov.in/judis
3.1. It is submitted by the learned counsel for the petitioner/accused that the DNA Report confirms only that the victim girl is the biological mother of the foteus and it does not confirms that the biological father of the foteus is the petitioner/accused.3.2. It is further submitted by the learned counsel for the petitioner/accused that the petitioner/accused is a married man and he has two children. It is also submitted that the petitioner/accused is ready to abide any condition to be imposed by this Court.3.3. The learned counsel for the petitioner submitted that the petitioner/accused has a fair chance of succeeding in the Criminal Appeal. Therefore, the learned counsel for the petitioner/accused prayed that the substantive sentence imposed on the petitioner/accused may be suspended.4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that he has objection for suspending the sentence imposed on the petitioner/accused.4/8 https://www.mhc.tn.gov.in/judis
5. Heard the learned counsel for the petitioner/accused and the learned Government Advocate (Crl.Side) appearing for the respondent Police.6. Considering the submissions made by the learned counsel for the petitioner/accused coupled with the quantum of punishment imposed on the petitioner/accused and taking into consideration of the fact that the Criminal Appeal is likely to be taken up for final hearing in the near future, this Court is inclined to suspend the substantive sentence of imprisonment alone.7. Accordingly, till the disposal of the Criminal Appeal, the reliefs of suspension of sentence and bail are granted on the following conditions:(i) The petitioner/accused shall deposit a sum of Rs.1,00,000/- (Rupees One Lakh only), after deducting the amount which was already deposited by the petitioner/accused, if any, to the credit of Spl.S.C.No.20 of 2020 on the file of Magalir Neethimandram (FTMC), Udhagamandalam, within a period of four weeks from the date of receipt of a copy of this order, failing which, this order shall stand automatically cancelled.5/8 https://www.mhc.tn.gov.in/judis (ii) On such deposit being made, the victim girl shall withdraw the amount deposited by the petitioner/accused in Spl.S.C.No.20 of 2020 on the file of Magalir Neethimandram (FTMC), Udhagamandalam, on proper identification, in the manner known to law.(iii) If the petitioner/accused fails to deposit the aforesaid amount, it is open to the trial Court to commit the petitioner/accused into custody for undergoing the sentence.(iv) The sentence of imprisonment imposed on the petitioner/accused shall be suspended and the petitioner/accused shall be released on bail on condition that he shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a likesum to the satisfaction of the trial Court;(v) The petitioner/accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the trial Court may obtain a copy of their Aadhaar Card or Bank Pass Book and their mobile numbers to ensure their identity;(vi) The petitioner/accused shall 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 revision case 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 6/8 https://www.mhc.tn.gov.in/judis 355 of BNSS, 2023 and shall appear before the trial Court on any other day in lieu of his absence, as directed by the trial Court. 8. With the above directions, this Criminal Miscellaneous Petition is allowed.14.10.2025mrr Index: Yes/NoSpeaking Order (or) Non-Speaking OrderNote: Registry is directed to list the Criminal Appeal No.1582 of 2025 for hearing on 27.11.2025.To1.The Sessions Judge, Magalir Neethimandram (FTMC), Udhagamandalam, The Nilgiris.2.The Inspector of Police, All Women Police Station, Ooty Rural, The Nilgiris District.3.The Public Prosecutor, High Court, Madras. 7/8 https://www.mhc.tn.gov.in/judis T.V.THAMILSELVI, J.mrrCrl.M.P.No.19056 of 2025in Crl.A.No.1582 of 202514.10.20258/8
IN THE HIGH COURT OF JUDICATURE AT MADRASDated : 14.10.2025Coram:The Honourable Mrs.Justice T.V.THAMILSELVICrl.M.P.No.19056 of 2025in Crl.A.No.1582 of 2025Prakash ...PetitionerVersusThe State Rep. by itsThe Inspector of Police,All Women Police Station, Ooty Rural,The Nilgiris District.Crime No.1 of 2020 ...RespondentPrayer: This Criminal Miscellaneous Petition is filed under Section 430(1) of BNSS, 2023 praying to suspend the sentence imposed by the Order passed against the petitioner in Spl.S.C.No.20 of 2020 on 28.03.2025 by the learned Sessions Judge, Magalir Neethimandram (FTMC), Udhagamandalam, The Nilgiris, to enlarge the petitioner on bail pending disposal of the above said Criminal Appeal.For Petitioner:Mr.P.ThineshFor Respondent :Mr.V.Meganathan,Government Advocate (Crl.Side)1/8 https://www.mhc.tn.gov.in/judis ORDERThis Criminal Miscellaneous Petition has been filed by the petitioner/accused seeking to suspend the sentence imposed on him by the learned Sessions Judge, Magalir Neethimandram (FTMC), Udhagamandalam, The Nilgiris vide Judgment dated 28.03.2025 in Spl.S.C.No.20 of 2020 and to enlarge him on bail pending disposal of the above Criminal Appeal.2. The case of the prosecution is that the petitioner/accused and the victim girl were hailing from a same village. The petitioner/accused is a married man, but, he made the victim girl to believe that he is in love with her. The petitioner/accused had lured the victim girl and on several occasions, the petitioner/accused had sexual intercourse with the victim girl. Therefore, the victim girl became pregnant. On 06.06.2020, the victim girl gave a complaint to the respondent Police. Based on the complaint given by the victim girl, the respondent Police registered a case against the petitioner/accused and conducted investigation. After the completion of 2/8 https://www.mhc.tn.gov.in/judis investigation, the respondent Police had filed the Final Report. The trial Court had taken the case on file in Spl.S.C.No.20 of 2020. The petitioner was found guilty for the offence under Section 5(1) r/w. Section 6 of the POCSO Act, 2012. Hence, the learned Sessions Judge, Magalir Neethimandram, (FTMC), Udhagamandalam, The Nilgiris vide Judgment dated 28.03.2025 in Spl.S.C.No.20 of 2020, convicted the petitioner/accused under Section 235(ii) of Cr.P.C and sentenced him to undergo rigorous imprisonment for a period of twenty years and to pay a fine of Rs.10,000/-, in default, to undergo three months simple imprisonment. Aggrieved by the said conviction and sentence, the petitioner has preferred the present Criminal Appeal before this Court.3. The learned counsel for the petitioner/accused submitted that the victim girl had love affair with the petitioner/accused, but, the victim girl's father did not accept the love of his daughter for the reason that the petitioner/accused does not belong to their community and thus, the victim girl's father gave a complaint against the petitioner/accused. Based on his complaint, the petitioner/accused has been falsely implicated in this case.3/8 https://www.mhc.tn.gov.in/judis
3.1. It is submitted by the learned counsel for the petitioner/accused that the DNA Report confirms only that the victim girl is the biological mother of the foteus and it does not confirms that the biological father of the foteus is the petitioner/accused.3.2. It is further submitted by the learned counsel for the petitioner/accused that the petitioner/accused is a married man and he has two children. It is also submitted that the petitioner/accused is ready to abide any condition to be imposed by this Court.3.3. The learned counsel for the petitioner submitted that the petitioner/accused has a fair chance of succeeding in the Criminal Appeal. Therefore, the learned counsel for the petitioner/accused prayed that the substantive sentence imposed on the petitioner/accused may be suspended.4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that he has objection for suspending the sentence imposed on the petitioner/accused.4/8 https://www.mhc.tn.gov.in/judis
5. Heard the learned counsel for the petitioner/accused and the learned Government Advocate (Crl.Side) appearing for the respondent Police.6. Considering the submissions made by the learned counsel for the petitioner/accused coupled with the quantum of punishment imposed on the petitioner/accused and taking into consideration of the fact that the Criminal Appeal is likely to be taken up for final hearing in the near future, this Court is inclined to suspend the substantive sentence of imprisonment alone.7. Accordingly, till the disposal of the Criminal Appeal, the reliefs of suspension of sentence and bail are granted on the following conditions:(i) The petitioner/accused shall deposit a sum of Rs.1,00,000/- (Rupees One Lakh only), after deducting the amount which was already deposited by the petitioner/accused, if any, to the credit of Spl.S.C.No.20 of 2020 on the file of Magalir Neethimandram (FTMC), Udhagamandalam, within a period of four weeks from the date of receipt of a copy of this order, failing which, this order shall stand automatically cancelled.5/8 https://www.mhc.tn.gov.in/judis (ii) On such deposit being made, the victim girl shall withdraw the amount deposited by the petitioner/accused in Spl.S.C.No.20 of 2020 on the file of Magalir Neethimandram (FTMC), Udhagamandalam, on proper identification, in the manner known to law.(iii) If the petitioner/accused fails to deposit the aforesaid amount, it is open to the trial Court to commit the petitioner/accused into custody for undergoing the sentence.(iv) The sentence of imprisonment imposed on the petitioner/accused shall be suspended and the petitioner/accused shall be released on bail on condition that he shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a likesum to the satisfaction of the trial Court;(v) The petitioner/accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the trial Court may obtain a copy of their Aadhaar Card or Bank Pass Book and their mobile numbers to ensure their identity;(vi) The petitioner/accused shall 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 revision case 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 6/8 https://www.mhc.tn.gov.in/judis 355 of BNSS, 2023 and shall appear before the trial Court on any other day in lieu of his absence, as directed by the trial Court. 8. With the above directions, this Criminal Miscellaneous Petition is allowed.14.10.2025mrr Index: Yes/NoSpeaking Order (or) Non-Speaking OrderNote: Registry is directed to list the Criminal Appeal No.1582 of 2025 for hearing on 27.11.2025.To1.The Sessions Judge, Magalir Neethimandram (FTMC), Udhagamandalam, The Nilgiris.2.The Inspector of Police, All Women Police Station, Ooty Rural, The Nilgiris District.3.The Public Prosecutor, High Court, Madras. 7/8 https://www.mhc.tn.gov.in/judis T.V.THAMILSELVI, J.mrrCrl.M.P.No.19056 of 2025in Crl.A.No.1582 of 202514.10.20258/8