High Court · 2025

IN THE HIGH COURT OF JUDICATURE AT MADRASDated : 16.10.2025Coram:The Honourable Mrs.Justice T.V.THAMILSELVICrl.M.P.No.19255 of 2025in Crl.A.No.626 of 2025Sathish ...PetitionerVersusState byThe Inspector of Police,Veppankuppam Police Station,Vellore District.(Crime No.84/2022) ...RespondentPrayer: This Criminal Miscellaneous Petition is filed under Section 430(1) of BNSS, 2023 praying to suspend the sentence imposed against the petitioner in Spl.S.C.No.124/2022 on the file of the Special Court (Protection of Children from Sexual Offence Act, 2012), Vellore, Vellore District dated 02.12.2024 and enlarge the petitioner on bail pending disposal of the said Crl.A.No.626/2025 on the file of this Court.For Petitioner:Mr.E.KannadasanFor Respondent :Mr.V.Meganathan,Government Advocate (Crl.Side)1/10 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, Special Court (Protection of Children from Sexual Offence Act, 2012), Vellore, Vellore District vide Judgment dated 02.12.2024 in Spl.S.C.No.124 of 2022 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 aged about 13 years old are neighbours. The petitioner/accused is a married man and he has two children. While so, the petitioner/accused approached the victim girl and told that he loves her and he wants to marry her. However, the victim girl refused to marry the petitioner/accused. While so, on 23.07.2022, at about 4.15 p.m., when the victim girl was sitting in front of her house, petitioner/accused forced the victim girl to come with him, but, she refused to come with him. Therefore, immediately, the petitioner/accused pulled the victim girl to the road and kidnapped her and 2/10 https://www.mhc.tn.gov.in/judis took her to Trichy. At Trichy, petitioner/accused married the victim girl in front of a Vinayagar Temple. After marriage, both the petitioner/accused and the victim girl had stayed together in a duck farm of one Mr.Sakthivel at Vaangal Village. When the petitioner/accused and the victim girl were staying there, they had sexual intercourse. In the meanwhile, the grand-mother of victim girl gave a complaint before the respondent Police. Based on the complaint given by her, the respondent Police registered a case in Crime No.84 of 2022 and conducted investigation. When the petitioner/accused came to know about the case registered by the respondent Police, petitioner/accused and the victim girl were returned to Ariyalur on 02.04.2022. Thereafter, the respondent Police secured the victim girl and arrested the petitioner/accused. After the completion of investigation, the respondent Police had filed a Charge Sheet before the trial Court. The said Charge Sheet was taken on file in Spl.S.C.No.124 of 2022. The petitioner/accused was found guilty for the offences under Section 5(1) r/w. 6 of POCSO Act, 2012. Hence, the learned Sessions Judge, Special Court (Protection of Children from Sexual Offence Act, 2012), Vellore, Vellore District vide Judgment dated 02.12.2024 in Spl.S.C.No.124 of 2022, 3/10 https://www.mhc.tn.gov.in/judis convicted the petitioner/accused and sentenced him as follows:S.No.OffenceSentence1Section 366 of IPCTo undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.50,000/-, in default, to undergo 2 years rigorous imprisonment.2Section 343 of IPCTo undergo rigorous imprisonment for a period of 2 years and to pay a fine of Rs.10,000/-, in default, to undergo 4 months rigorous imprisonment. 3Section 5(1) r/w. Section 6 of POCSO Act, 2012To undergo rigorous imprisonment for a period of 20 years and to pay a fine of Rs.1,00,000/-, in default, to undergo 4 years rigorous imprisonment. 4Section 9 of Prohibition of Child Marriage Act, 2006To undergo rigorous imprisonment for a period of 2 years and to pay a fine of Rs.50,000/-, in default, to undergo 4 months rigorous imprisonment.Aggrieved by the said conviction and sentence, the petitioner/accused has preferred the present Criminal Appeal before this Court.3. The learned counsel for the petitioner/accused submitted that the petitioner/accused had love affair with the victim girl and thus, petitioner/accused eloped with the victim girl and married her. After marriage, they were living together, under these circumstances, there was a 4/10 https://www.mhc.tn.gov.in/judis misunderstanding between the petitioner/accused and the victim girl. Hence, a false complaint has been lodged against the petitioner/accused.3.1 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 3 years 6 months.3.2. The learned counsel for the petitioner/accused also 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 the petitioner/accused is a married man and he has two children. While so, the petitioner/accused kidnapped the 5/10 https://www.mhc.tn.gov.in/judis victim minor girl and forcibly married her and had committed sexual assault on the victim girl by having intercourse with her which was also proved before the trial Court. Therefore, the learned Government Advocate (Crl.Side) appearing for the respondent Police prayed that the sentence imposed on the petitioner/accused may not be suspended.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:6/10 https://www.mhc.tn.gov.in/judis (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 Crime No.84 of 2022, within a period of eights weeks from the date of receipt of a copy of this order, failing which, this order shall stand automatically cancelled.(ii) On such deposit being made, the grand-mother of the victim girl shall withdraw the amount deposited by the petitioner/accused in Crime No.84 of 2022 and deposit the said amount in a Fixed Deposit Account in any one of the Post Office in the name of victim girl and the same shall be kept in the said Fixed Deposit Account, till the victim girl attains majority and the interest accrued thereon shall be utilized by the victim girl's grand-mother for the educational expenses and welfare of the victim girl.(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;7/10 https://www.mhc.tn.gov.in/judis (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 Criminal Appeal 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 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.(vii) The petitioner/accused shall not have any communication with the family of the victim girl. 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.626 of 2025 for hearing on 27.11.2025.8/10 https://www.mhc.tn.gov.in/judis To1.The Sessions Judge, Special Court (Protection of Childrenfrom Sexual Offence Act, 2012), Vellore, Vellore District.2.The Inspector of Police, Veppankuppam Police Station, Vellore District.3.The Public Prosecutor, High Court, Madras. 9/10 https://www.mhc.tn.gov.in/judis T.V.THAMILSELVI, J.mrrCrl.M.P.No.19255 of 2025in Crl.A.No.626 of 202516.10.202510/10