High Court · 2025

IN THE HIGH COURT OF JUDICATURE AT MADRASDated : 16.10.2025Coram:The Honourable Mrs.Justice T.V.THAMILSELVICrl.M.P.No.19130 of 2025in Crl.A.No.401 of 2024Ramkumar ...PetitionerVersusState represented byThe Inspector of Police,Jalagandapuram Police Station,Salem District.(Crime No.35 of 2016) ...RespondentPrayer: This Criminal Miscellaneous Petition is filed under Section 389(1) of Cr.P.C. and Section 430(1) of BNSS, 2023 praying to suspend the sentence of imprisonment imposed on the petitioner in Spl.S.C.No.83 of 2016 dated 14.05.2019 on the file of the learned Sessions Judge, Mahila Court, Salem and enlarge the petitioner on bail pending disposal of Criminal Appeal No.401 of 2024.For Petitioner:Mr.P.M.Boris for M/s.P.M.BasilFor Respondent :Mr.V.Meganathan,Government Advocate (Crl.Side)1/9 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, Mahila Court, Salem vide Judgment dated 14.05.2019 in Spl.S.C.No.83 of 2016 and to enlarge him on bail pending disposal of the above Criminal Appeal.2. The case of the prosecution is that de-facto complainant viz., Mrs.Palaniammal W/o. Rajendran is residing at Pachanur Kattuvalavu, Selavadai Post, Omalur Taluk with her family and doing coolie work. Her 14 years old minor daughter viz., Ponmalar was studying 9th Standard in Government Girls Higher Secondary School, Tharamangalam. The petitioner/accused who was residing at Ariyampatty, Selavadai Village, Omalur Taluk with his family and doing coolie work. About 4 months prior to the occurrence, while the petitioner/accused was working as Conductor in NCB Mini Bus route from Nangavalli to Tharamangalam, he had love affair with the minor daughter of de-facto complainant who was going to school in 2/9 https://www.mhc.tn.gov.in/judis the said Mini Bus. On 09.02.2016, at around 06.00 a.m., when the minor daughter of de-facto complainant came to the Milk Society at Pachanur Rajanvalavu, petitioner/accused who came there in the two wheeler of one Sakthivel, kidnapped the minor daughter of de-facto complainant to Omalur and from there, petitioner/accused kidnapped her to Bangalore. On 09.02.2016, de-facto complainant gave a complaint to the respondent Police in this regard. Based on the complaint given by de-facto complainant, the respondent Police registered a case in Crime No.35 of 2016 against the petitioner/accused and started investigation. The petitioner/accused and minor daughter of de-facto complainant had stayed in petitioner’s/accused’s friend’s house at Bangalore. While they were staying at Bangalore, petitioner/accused had forcibly having sexual intercourse with the minor daughter of de-facto complainant. On 14.02.2016, petitioner/accused and minor daughter of de-facto complainant came back to Jalakandapuram. On 15.02.2016, the respondent Police arrested the petitioner/accused and recorded his confession statement and thereafter, remanded the petitioner/accused to judicial custody. On 26.04.2016, the respondent Police had filed the Final Report against the petitioner/accused under 3/9 https://www.mhc.tn.gov.in/judis Sections 363, 366(A) of IPC and Sections 6 r/w. 5(1) of POCSO Act, 2012. The learned Sessions Judge, Mahila Court, Salem had taken the case on file in Spl.S.C.No.83 of 2016. The petitioner/accused was found guilty for the offence under Sections 363, 366(A) of IPC and Section 6 of the POCSO Act, 2012. Hence, the learned Sessions Judge, Mahila Court, Salem vide Judgment dated 14.05.2019 in Spl.S.C.No.83 of 2016, convicted the petitioner/accused and sentenced him as follows:S.No.OffenceSentence1Sections 363 of IPC To undergo rigorous imprisonment for a period of 4 years and to pay a fine of Rs.5,000/-, in default, to undergo 6 months simple imprisonment.2Section 366(A) of IPCTo undergo rigorous imprisonment for a period of 7 years and to pay a fine of Rs.5,000/-, in default, to undergo 6 months simple imprisonment. 3Section 6 of POCSO Act, 2012To undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.5,000/-, in default, to undergo 6 months simple imprisonment. Aggrieved by the said conviction and sentence, the petitioner/accused has preferred the present Criminal Appeal before this Court.4/9 https://www.mhc.tn.gov.in/judis

3. The learned counsel for the petitioner/accused submitted that the petitioner/accused had love affair with the minor daughter of de-facto complainant and thus, de-facto complainant had lodged a false complaint against the petitioner/accused.3.1. It is submitted by the learned counsel for the petitioner/accused that both the petitioner/accused and minor daughter of de-facto complainant had loved each other and they eloped to Bangalore. At the time of alleged occurrence, the victim girl (daughter of de-facto complainant) was minor, but, now, she is major and also, she got married. 3.2. It is further submitted by the learned counsel for the petitioner/accused that the petitioner/accused has no previous criminal antecedents and he has been falsely implicated in this case. It is also submitted that the petitioner/accused has undergone incarceration for more than six years and he has remitted the fine amount of Rs.15,000/- imposed to him.5/9 https://www.mhc.tn.gov.in/judis

3.3. The learned counsel for the petitioner/accused submitted that the petitioner/accused has a fair chance of succeeding in the Criminal Appeal and he is ready to abide any condition to be imposed by this Court. 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 serious objection for suspending the sentence imposed on the petitioner/accused.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 6/9 https://www.mhc.tn.gov.in/judis 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 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;(ii) 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;(iii) The petitioner/accused shall appear before the respondent Police on every Saturday at 10.30 a.m 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 if he is not able to appear before the trial Court on any day, he shall make arrangements to file 7/9 https://www.mhc.tn.gov.in/judis an application under Section 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.16.10.2025mrr Index: Yes/NoSpeaking Order (or) Non-Speaking OrderNote: Registry is directed to list the Criminal Appeal No.401 of 2024 for hearing on 27.11.2025.To1.The Sessions Judge, Mahila Court, Salem.2.The Inspector of Police, Jalagandapuram Police Station, Salem District.3.The Public Prosecutor, High Court, Madras. 8/9 https://www.mhc.tn.gov.in/judis T.V.THAMILSELVI, J.mrrCrl.M.P.No.19130 of 2025in Crl.A.No.401 of 202416.10.20259/9