High Court · 2025

CRL MP No. 19584 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 21-11-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICRL MP No. 19584 of 2025INCRL A NO. 1617 OF 2025R.AndrewsS/o.Raju, NO.3/272, West Pudhur, Koonampatti, Pallagoundanpalayam, Avinasi, Tiruppur - 638 056.Petitioner(s)VsState represented byThe Inspector of Police, Uthukuli Police Station, Tiruppur District. Crime No.05/2023Respondent(s)PRAYERTo suspend the Compensation and Sentence passed by the Honble Sessions, Mahalir Needhimandram, (Fast Track Mahila Needhimandram) Tiruppur in Special Sessions Case.No.45 of 2023 on the 08th day of September 2025, and enlarge the accused on bail pending disposal of the above Criminal Appeal.For Petitioner(s):Mr. N.MoorthiFor Respondent(s):Mr. V.Meganathan,Govt. Advocate (Crl. Side)1/7 https://www.mhc.tn.gov.in/judis CRL MP No. 19584 of 2025ORDERThis Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed by the learned Sessions Judge, Magalir Needhimandram (Fast Track Mahila Neethimandram), Tiruppur, in Spl.S.C.No.45 of 2023 dated 08.09.2025 and enlarge the petitioner on bail pending disposal of the above appeal.2.The petitioner herein is the accused in Spl.S.C.No.45 of 2023 on the file of the learned Sessions Judge, Magalir Needhimandram (Fast Track Mahila Neethimandram), Tiruppur. He was found guilty of the offences under Section 9(d), 9(1) and 10 of POCSO Act and he has been convicted and sentenced to undergo Rigorous Imprisonment for 7 years and to pay a fine of Rs.10,000/- in default of payment of fine, to undergo simple imprisonment for six months. Aggrieved 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 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 08.09.2025 for more two months. He would also submit that there are 2/7 https://www.mhc.tn.gov.in/judis CRL MP No. 19584 of 2025arguable 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 a married man and both the victim girl and the petitioner were living in the same 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.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 and the petitioner were belong to same locality and he is a married man and having family, due to his incarceration, his family is struggling for their livelihood and 3/7 https://www.mhc.tn.gov.in/judis CRL MP No. 19584 of 2025he is in custody from the date of judgment i.e. on 08.09.2025 for more than two months 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:(a) the petitioner shall deposit a sum of Rs.30,000/- (Rupees Thirty Thousand only) for the mental agony caused to her to the credit of Spl.S.C.No.45 of 2023 on the file of learned Sessions Judge, Magalir Needhimandram (Fast Track Mahila Neethimandram), Tiruppur, 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 4/7 https://www.mhc.tn.gov.in/judis CRL MP No. 19584 of 2025affidavit 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 Needhimandram (Fast Track Mahila Neethimandram), Tiruppur.(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 report before the respondent police on every Saturday at 10.30 a.m. for the period of twelve weeks 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 5/7 https://www.mhc.tn.gov.in/judis CRL MP No. 19584 of 2025on 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.21-11-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NorppTo1. Sessions Judge, Magalir Needhimandram (Fast Track Mahila Neethimandram), Tiruppur2. The Inspector of Police, Uthukuli Police Station, Tiruppur District. 3. The Superintendent of Prison, Central Prison, Puzhal,Chennai.4. The Public Prosecutor, High Court, Madras. 6/7 https://www.mhc.tn.gov.in/judis CRL MP No. 19584 of 2025T.V.THAMILSELVI J.rppCRL MP No. 19584 of 2025IN CRL A NO. 1617 OF 202521-11-2025(2/2)7/7