High Court · 2025

CRL MP No. 18943 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 15-10-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICRL MP No. 18943 of 2025INCRL A NO. 1564 OF 2025PRAVEENS/o.Thirupal, No.32, 1st Street, Telugu Colony, Muthuapudupettai, Avadi, Chennai- 600 055.Petitioner(s)VsState Represented by The Inspector of PoliceAll Women Police Station (AWPS), Avadi, Tiruvallur District. Crime No. 07/2023.Respondent(s)PRAYERTo Suspend the sentence imposed upon the petitioner by the Learned Special Court for Exclusive Trial of Cases under POCSO Act, Tiruvallur in Special S.C.No. 244/2023 order dt. 19.08.2025 and enlarge the petitioner on bail pending disposal of this Crl.A.1/7 https://www.mhc.tn.gov.in/judis CRL MP No. 18943 of 2025For Petitioner(s):Mr. S.SivakumarFor 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, Special Court for Exclusive Trial of cases under POCSO Act, Thiruvallur, in Spl.S.C.No.244 of 2023 dated 19.08.2025 and enlarge the petitioner on bail pending disposal of the above appeal.2.The petitioner herein is the accused in Spl.S.C.No.244 of 2023 on the file of the learned Sessions Judge, Special Court for Exclusive Trial of cases under POCSO Act, Tiruvallur. He was found guilty of the offences under Section 366 I.P.C. and Sec.3(d) r/w 9(l), (m) r/w Sec.10 of POCSO Act and he has been convicted and sentenced as under :-S.No.ConvictionSentence1 Section 366 of I.P.C. to undergo rigorous imprisonment for a period of two years and to pay fine of Rs.5000/-, in default to undergo simple imprisonment for three months.2Section 3(d) r/w 4 of POCSO Actto undergo rigorous imprisonment for a period of 7 years and to pay fine of Rs.10,000/-, in default to undergo simple imprisonment for one year.2/7 https://www.mhc.tn.gov.in/judis CRL MP No. 18943 of 2025S.No.ConvictionSentence3Sec.9(l)(m) r/w 10 of POCSO Actto undergo rigorous imprisonment for a period of 5 years and to pay fine of Rs.10,000/-, in default to undergo simple imprisonment for one yearAggrieved by the same, the petitioner had filed this appeal along with the present miscellaneous petition.3.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 boy, but in fact he has not committed any offence as alleged against him and he known to him. He would submit that he is in custody from the date of judgment i.e. on 19.08.2025 for more than one month. 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 the petitioner is aged about 21 years and both the victim boy and the petitioner were living in the same locality. Further, he would 3/7 https://www.mhc.tn.gov.in/judis CRL MP No. 18943 of 2025contend 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.5.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 boy and the petitioner were belong to same locality and he is ready to abide any condition imposed by this court and he is in custody from the date of judgment i.e. on 19.08.2025 for more than one month and he has no bad antecedents. 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. 18943 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 Special Court for Exclusive Trial of cases under POCSO Act, Tiruvallur. (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 at 10.30 a.m. before the respondent police on every Sunday 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. 18943 of 20258.With the above directions, this Criminal Miscellaneous Petition is ordered.9. Furthermore, the learned Government Advocate (Crl. Side) submitted that victim compensation was not entirely paid to the victim boy, only part of compensation of Rs.1 lakh was received by him and the balance sum of Rs.2 lakhs is still to be paid. The District Legal Services Authority, Tiruvallur is directed to take steps to refer the matter to District Collector, Tiruvallur and to get the balance compensation within a period of twelve weeks from the date of receipt of copy of this order. 10. Post the matter on 06.01.2026. 15-10-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NorppTo1. Sessions Judge, Special Court for Exclusive Trial of cases under POCSO Act, Tiruvallur 2. The Inspector of Police, All Women Police Station, Avadi, Tiruvallur Dt.3. The Superintendent of Prison, Central Prison, Puzhal, Chennai.4. The Public Prosecutor, High Court, Madras.5. District Legal Services Authority, Tiruvallur.6. District Collector, Tiruvallur. 6/7 https://www.mhc.tn.gov.in/judis CRL MP No. 18943 of 2025T.V.THAMILSELVI J.rppCRL MP No. 18943 of 2025IN CRL A NO. 1564 OF 202515-10-20257/7

CRL MP No. 18943 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 15-10-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICRL MP No. 18943 of 2025INCRL A NO. 1564 OF 2025PRAVEENS/o.Thirupal, No.32, 1st Street, Telugu Colony, Muthuapudupettai, Avadi, Chennai- 600 055.Petitioner(s)VsState Represented by The Inspector of PoliceAll Women Police Station (AWPS), Avadi, Tiruvallur District. Crime No. 07/2023.Respondent(s)PRAYERTo Suspend the sentence imposed upon the petitioner by the Learned Special Court for Exclusive Trial of Cases under POCSO Act, Tiruvallur in Special S.C.No. 244/2023 order dt. 19.08.2025 and enlarge the petitioner on bail pending disposal of this Crl.A.1/7 https://www.mhc.tn.gov.in/judis CRL MP No. 18943 of 2025For Petitioner(s):Mr. S.SivakumarFor 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, Special Court for Exclusive Trial of cases under POCSO Act, Thiruvallur, in Spl.S.C.No.244 of 2023 dated 19.08.2025 and enlarge the petitioner on bail pending disposal of the above appeal.2.The petitioner herein is the accused in Spl.S.C.No.244 of 2023 on the file of the learned Sessions Judge, Special Court for Exclusive Trial of cases under POCSO Act, Tiruvallur. He was found guilty of the offences under Section 366 I.P.C. and Sec.3(d) r/w 9(l), (m) r/w Sec.10 of POCSO Act and he has been convicted and sentenced as under :-S.No.ConvictionSentence1 Section 366 of I.P.C. to undergo rigorous imprisonment for a period of two years and to pay fine of Rs.5000/-, in default to undergo simple imprisonment for three months.2Section 3(d) r/w 4 of POCSO Actto undergo rigorous imprisonment for a period of 7 years and to pay fine of Rs.10,000/-, in default to undergo simple imprisonment for one year.2/7 https://www.mhc.tn.gov.in/judis CRL MP No. 18943 of 2025S.No.ConvictionSentence3Sec.9(l)(m) r/w 10 of POCSO Actto undergo rigorous imprisonment for a period of 5 years and to pay fine of Rs.10,000/-, in default to undergo simple imprisonment for one yearAggrieved by the same, the petitioner had filed this appeal along with the present miscellaneous petition.3.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 boy, but in fact he has not committed any offence as alleged against him and he known to him. He would submit that he is in custody from the date of judgment i.e. on 19.08.2025 for more than one month. 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 the petitioner is aged about 21 years and both the victim boy and the petitioner were living in the same locality. Further, he would 3/7 https://www.mhc.tn.gov.in/judis CRL MP No. 18943 of 2025contend 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.5.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 boy and the petitioner were belong to same locality and he is ready to abide any condition imposed by this court and he is in custody from the date of judgment i.e. on 19.08.2025 for more than one month and he has no bad antecedents. 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. 18943 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 Special Court for Exclusive Trial of cases under POCSO Act, Tiruvallur. (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 at 10.30 a.m. before the respondent police on every Sunday 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. 18943 of 20258.With the above directions, this Criminal Miscellaneous Petition is ordered.9. Furthermore, the learned Government Advocate (Crl. Side) submitted that victim compensation was not entirely paid to the victim boy, only part of compensation of Rs.1 lakh was received by him and the balance sum of Rs.2 lakhs is still to be paid. The District Legal Services Authority, Tiruvallur is directed to take steps to refer the matter to District Collector, Tiruvallur and to get the balance compensation within a period of twelve weeks from the date of receipt of copy of this order. 10. Post the matter on 06.01.2026. 15-10-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NorppTo1. Sessions Judge, Special Court for Exclusive Trial of cases under POCSO Act, Tiruvallur 2. The Inspector of Police, All Women Police Station, Avadi, Tiruvallur Dt.3. The Superintendent of Prison, Central Prison, Puzhal, Chennai.4. The Public Prosecutor, High Court, Madras.5. District Legal Services Authority, Tiruvallur.6. District Collector, Tiruvallur. 6/7 https://www.mhc.tn.gov.in/judis CRL MP No. 18943 of 2025T.V.THAMILSELVI J.rppCRL MP No. 18943 of 2025IN CRL A NO. 1564 OF 202515-10-20257/7