High Court · 2025

CRL MP No. 19403 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 29-10-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICRL MP No. 19403 of 2025ANDCRL A NO. 1032 OF 2023KARUPPUSAMYS/O. Rangan, NO.6/26, Palani Street, Gandhi Nagar, Kasipalayam, Gobi Taluk, Erode District.Petitioner(s)VsState Rep.byInspector of Police, Gobi All Women Police Station, Erode District. Crime No.02/2020Respondent(s)CRL MP No. 19403 of 2025PRAYERTo suspend the sentence imposed by the Learned Sessions Judge, Magalir Neethi Mandra, (Fast Track Mahila Court), Erode in Special S.C.No.27 of 2020 dated 21.8.2023 and enlarge the petitioner on bail pending disposal of the above said Criminal Appeal 1/7 https://www.mhc.tn.gov.in/judis CRL MP No. 19403 of 2025CRL A No. 1032 of 2023PRAYERTo set aside the judgement passed by the Sessions Judge, Magalir Neethi Mandram (Fast Track Mahila Court) Erode in Spl.Sc.No. 27/2020 dated 21.8.2023 and allow the appeal and acquit the appellant.For Petitioner(s):Mr.S.ParthasarathyV.C.Ajeeth KumarFor 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.27 of 2020 dated 21.08.2023 and enlarge the petitioner on bail pending disposal of the above appeal.2.The petitioner herein is the accused in Spl.S.C.No.27 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) and 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.5000/- 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. 19403 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 21.08.2023 for more than two years and two months. He would also submit that there are arguable points available in the Criminal Appeal and the petitioners/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 as the petitioner has no children, he had committed penetrative sexual assault to the victim girl with the help of his wife and the same was proved. He would submit that at the time of occurrence, the petitioner is aged about 36 years and victim girl is aged about 16 years. He would also submit that the petitioner is a married man and both the victim girl and the petitioner were neighbours in that locality. Further, he would contend that he has no bad antecedents and 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. 19403 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 neighbours and according to the prosecution, he along with his wife committed penetrative sexual assault to the victim girl. It is also further revealed that he is a married man and having family, due to his incarceration, his family is starving for their livelihood, he is in custody from 21.08.2023 for more than 2 years and 2 months, he has no bad antecedents and he is ready to abide any condition imposed by this court. 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. 19403 of 2025(a) the petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) for her mental agony to the credit of Spl. S.C.No.27 of 2020 on the file of learned Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court), Erode within a period of two weeks from the date of receipt of copy of this order. Failing which, the order passed by this Court shall stand automatically cancelled. On such deposit, the victim is permitted to withdraw the amount on filing undertaking affidavit and on production of proper identification and acknowledgement. (b) 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. (c) 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.(d) The petitioner shall appear before the respondent police on every Saturday at 10.30 a.m. for the period of three 5/7 https://www.mhc.tn.gov.in/judis CRL MP No. 19403 of 2025months 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.8.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. Inspector of Police, Gobi All Women Police Station, 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. 19403 of 2025T.V.THAMILSELVI J.rppCRL MP No. 19403 of 2025AND CRL A NO. 1032 OF 202329-10-20257/7