High Court · 2025

Crl.M.P.(MD)No.3055 of 2024BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2025CORAMTHE HONOURABLE MR JUSTICE B.PUGALENDHICrl.M.P.(MD)No.3055 of 2024in Crl.A.(MD)No.248 of 2023N.Selvamani,S/o.Nachimuthu,No.32-B, East Devathanam,Town Station Road,Trichy.Petitioner(s) versusThe State rep. byThe Inspector of Police,Fort All Women Police Station,Trichy District. Respondent(s) For Petitioner(s): Mr.E.SomasundaramAdvocateFor Respondent(s): Mr.P.Kottaichamy,Government Advocate (Crl. Side) ORDERThe petitioner is the sole accused in Spl.S.C.No.43 of 2020 on the file of thelearned Sessions Judge, Mahila Court, Tiruchirappalli. He was tried for the offenceunder Sections 366(A), 376AB of IPC and Section 3(d) r/w. 4(1)(a), 7 r/w. 8, 11(i) r/w.12 of POCSO Act. In conclusion of trial, the trial Court, by its Judgment dated1/7 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.3055 of 202420.01.2023, found the petitioner guilty for the offence under Section 366 IPC andSection 5(m) r/w. 6(1) of POCSO Act 2012 and convicted and sentenced him asunder:(i) for the offence under Section 366 IPC, to undergo five years rigorousimprisonment and to pay a fine of Rs.2,000/-, in default, to undergo three monthssimple imprisonment;(ii) for the offence under Section 5(m) r/w. 6(1) of POCSO Act 2012, to undergo20 years rigorous imprisonment and to pay a fine of Rs.5,000/- in default to undergosix months simple imprisonment.Challenging the Judgment of conviction and sentence, the petitioner has filed anappeal in Crl.A.(MD)No.248 of 2023 and the same has been admitted by this Court on28.03.2023. Along with the appeal, the petitioner has already moved a petition inCrl.M.P.(MD)No.4999 of 2023 seeking to suspend the sentence and the same wasdismissed by this Court by order dated 12.06.2023 as under:“9. Considering the facts and circumstances of the case and alsothe seriousness and gravity of the offence allegedly proved and also thefact that the impugned Judgment was passed on 23.08.2022 and theperiod of incarceration and also taking note of the period ofincarceration, this Court is not inclined to suspend the sentence at this2/7 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.3055 of 2024point of time.”This is the second petition moved by the petitioner for suspending thesentence on the ground that the appeal has not been taken up for final disposaland the petitioner is in jail for three years and four months. 2. The learned counsel appearing for the petitioner submits that the occurrencehad taken place on 16.03.2020 at about 5.00 p.m. and the complaint was lodged on thesame day at about 10.30 p.m. The statement of the victim girl under Section 161Cr.P.C. was recorded on 17.03.2020. However, the victim girl was produced beforethe Judicial Magistrate, for recording the statement under Section 164 Cr.P.C., on24.06.2020, i.e. after the delay of 100 days. The learned counsel has also pointed outthat the occurrence took place at coconut grove and the owner of the coconut grove,namely, P.W.8 was also examined as a witness. However, P.W.8 has not supportedthe case of the prosecution and he deposed that his land is a vacant land and there isno coconut grove in that place. 3. The learned counsel for the petitioner, by referring the evidence of theInvestigating Officer and the rough sketch, has submitted that the place of occurrencehas not been proved by the prosecution. Therefore, the prosecution has not provedthe case beyond reasonable doubt. According to the learned counsel, the petitioner ishaving certain arguable points in his favour. Since the appeal has not been taken up3/7 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.3055 of 2024for final hearing and the petitioner is in jail for three years and four months, he seeksto suspend the sentence imposed by the trial Court. The learned counsel for thepetitioner has also produced an undertaking affidavit filed by the petitioner that hewill not visit the occurrence village and he will not disturb the victim girl at any pointof time.4. Heard the learned Government Advocate (Crl. Side) appearing for therespondents. 5. This is the 2nd petition filed by the petitioner to suspend the sentenceimposed by the trial Court. The earlier petition filed by the petitioner to suspend thesentence in Crl.M.P.(MD)No.4999 of 2023 was dismissed by this Court by order dated12.06.2023. The petitioner is in jail for three years and four months. Though theearlier petition was dismissed by this Court, the appeal could not be taken up forfinal hearing for want of time. Further, the petitioner has filed an undertakingaffidavit that he will not visit the occurrence village and will not disturb the victimgirl at any point of time. 6. Considering the points raised by the petitioner, period of incarceration, theundertaking affidavit filed by the petitioner and also for the reasons that the appealcould not be taken up immediately, this Court is inclined to allow this petition. 4/7 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.3055 of 20247. Accordingly, the substantive sentence of imprisonment alone is suspendedpending disposal of the criminal appeal and the petitioner is ordered to be enlargedon bail on the following conditions:(i) The petitioner shall execute a bond for Rs.50,000/- (Rupees fifty thousandonly), with two sureties each for a like sum to the satisfaction of the learned JudicialMagistrate No.I, Trichy. (ii) the persons who are giving sureties must be the close relatives of thepetitioner. The sureties shall file an affidavit before the respondent Police along withthe affidavit as filed before this Court that the petitioner will not visit the occurrencevillage and will not disturb the victim girl at any point of time. The petitioner shallalso file a similar affidavit before the respondent Police. (iii) The petitioner shall stay at Tiruppur and report before the Inspector ofPolice, Tiruppur North Police Station, Tiruppur, daily at 10.30 a.m. until furtherorders. 5/7 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.3055 of 2024(iv) On violation of any of the conditions by the petitioner, the respondentPolice shall move an application for cancellation of the relief granted to the petitioner. sd/- 29/04/2025 / TRUE COPY / 30/04/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023. ogyTo1.The learned Judicial Magistrate No.I, Trichy. 2. The Chief Judicial Magistrate,Trichy.3. The Superintendent, Central Prison, Trichy. 4. The Inspector of Police,Tiruppur North Police Station, Tiruppur.5.The Inspector of Police, Fort All Women Police Station, Trichy District. 6/7 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.3055 of 20246. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1. C.C. to M/S.SOMASUNDARAM E Advocate SR.No.5033(I) DT.29.04.2025 ORDER IN CRL MP(MD) No.3055 of 2024in Crl.A.(MD)No.248 of 2023 Date :29/04/2025PP/SAR. /30.04.2025/7P/8CMadurai Bench of Madras High Court is issuing certified copies in this format from17/07/2023. 7/7