THANESH v. THE STATE OF TAMIL NADU

CRL MP(MD) No.14117 of 2024BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )Monday, the Sixth day of January Two Thousand and Twenty FivePRESENTThe HONOURABLE MR. JUSTICE K.K. RAMAKRISHNANCrl.M.P.(MD).No.14117 of 2024inCrl.A.(MD).No.129 of 2023THANESH ... Petitioner / Appellant/ Sole Accused VsTHE STATE OF TAMIL NADU THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, COLACHEL, KANNIYAKUMARI DISTRICT.CRIME NO.20/2020. ... Respondent/Respondent/Complainant Criminal Miscellaneous Petition filed praying that in the circumstances statedtherein and in the petition filed therewith the High Court may be pleased to modifythe condition imposed against the petitioner while granting bail to the petitioner inCrl MP(MD) No.2786/2023 dt.08.03.2024 related to execute a bond for a sum ofRs.25,000/- with two blood sureties each for a like sum to the satisfaction of thelearned sessions Judge, Special Court for POCSO Act Cases, Nagercoil. Prayer in CRL A(MD). 129/ 2023 : To call for the entire records connected to the judgement in Spl.S.C.No.7 of 2021on the file of the Hon'ble sessions Judge, Special Court for POCSO Act Cases, Nagercoil dated 27.10.2022 and set aside the conviction and sentence imposed againstthe appellant.1/8 https://www.mhc.tn.gov.in/judis CRL MP(MD) No.14117 of 2024Order : This Criminal Miscellaneous petition coming up for orders on this day, uponperusing the petition filed in support thereof and upon hearing the arguments ofM/s.M.MUHTUSELVAM, Advocate for DR.R.ALAGUMANI, Advocate for thepetitioner and of M/s.K.SAKTHI KUMAR, Government Advocate (Crl. Side) for theRespondent on behalf of the Respondents the court made the following order:-This Criminal Miscellaneous Petition has been filed to modify the conditionimposed against the petitioner while granting bail to the petitioner by this Court inCrl.M.P.(MD).No.2786 of 2023 in Crl.A.(MD).No.129 of 2023 dated 08.03.2024, relatedto execute a bond for a sum of Rs.25,000/- with two blood sureties each for a like sumto the satisfaction of the learned Sessions Judge, Special Court for POCSO Act Cases, Nagercoil. 2.This Court by order dated 08.03.2024 in Crl.M.P.(MD).No.2786 of 2023, haspassed the following order:The petitioner has filed this Criminal Miscellaneous Petition praying tosuspend the sentence imposed on him by the learned Sessions Judge, Special Courtfor POCSO Act Cases, Nagercoil, in Spl.S.C.No.7 of 2021 dated 27.10.2022 and toenlarge him on bail, pending disposal of the Criminal Appeal. 2. It is submitted by the learned counsel for the petitioner that a case has beenregistered against the petitioner along with other accused in Crime No.20 of 2020, onthe file of the respondent/Inspector of Police, All Women Police Station, Colachel, Kanyakumari District, for the offences punishable under Sections 366 of IPC and2/8 https://www.mhc.tn.gov.in/judis CRL MP(MD) No.14117 of 2024Section 5(1) r/w.6 of 'the Protection of Children from Sexual Offences Act, 2012'[hereinafter referred to as 'POCSO Act' for the sake of brevity] and the same wastaken on file in Spl.S.C.No.7 of 2021 before the learned Sessions Judge, Special Courtfor POCSO Act Cases, Nagercoil. The petitioner was convicted and sentenced toundergo 20 years rigorous imprisonment and to pay a fine of Rs.10,000/- (RupeesTen Thousand only) with six months simple imprisonment in case of default for theoffence under Section 6 of POCSO Act, to undergo three years rigorousimprisonment and to pay a fine of Rs.2,000/- (Rupees Two Thousand only) with sixmonths simple imprisonment in case of default for the offence under Section 12 ofPOCSO Act and to undergo five years rigorous imprisonment and to pay a fine ofRs.3,000/- (Rupees Three Thousand only) with six months simple imprisonment incase of default for the offence under Section 366 of IPC. Challenging the above saidconviction and sentence, the petitioner has preferred the Criminal Appeal along withthe present Criminal Miscellaneous Petition seeking suspension of sentence. 3.The learned counsel appearing for the petitioner would submit that thepetitioner and the victim girl loved each other and on her own violation, the victimgirl eloped with the petitioner. He further submitted that there was no sexual assaultand as per the doctor report, there was no injury. He further submitted that the placeof occurrence and time of occurrence was not established before the trial Court and3/8 https://www.mhc.tn.gov.in/judis CRL MP(MD) No.14117 of 2024the prosecution failed to collect the telephone number, call detail records forestablishing the alleged telephone communication between the petitioner and thevictim. This petition has been filed mainly on the ground that the petitioner is injudicial custody from 27.10.2022. Hence, the learned counsel prays for suspension ofsentence of the petitioner. 4.The learned Additional Public Prosecutor appearing on behalf of therespondent vehemently opposed this petition informing that the allegations levelledagainst the petitioner/accused are serious in nature. At the time of occurrence, thevictim girl was a minor and hence, prays to dismiss the petition. 5.Heard the learned counsel appearing for the petitioner and the learnedAdditional Public Prosecutor appearing for the State and perused the materialsavailable on record. 6.This Court finds force in the submission of the learned counsel for thepetitioner. Admittedly, the victim girl eloped with the petitioner and both hadphysical relationship. Based on the complaint lodged by the victim's mother, a casewas registered and on 01.07.2020, the victim girl was secured. Hence, this Court is ofthe prima facie view that there are arguable points involved in this Criminal Appeal. Moreover, the petitioner has been incarcerated from 27.10.2022 and further theCriminal Appeal is not likely to be taken up for final hearing in the near future, this4/8 https://www.mhc.tn.gov.in/judis CRL MP(MD) No.14117 of 2024Court is of the considered view that the petitioner herein is entitled to the relief ofgrant of suspension of sentence. 7.Accordingly, this Criminal Miscellaneous Petition is allowed. The sentenceimposed by the learned Sessions Judge, Special Court for POCSO Act Cases, Nagercoil, in Spl.S.C.No.7 of 2021, dated 27.10.2022, alone is suspended, subject to thefollowing stringent conditions :- i) The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees TwentyFive Thousand only) with two blood sureties each for a like sum to the satisfaction ofthe learned Sessions Judge, Special Court for POCSO Act Cases, Nagercoil; ii) The sureties shall affix their photographs and Left Thumb Impression in thesurety bond and the trial Court may obtain a copy of their Aadhar card or Bank PassBook to ensure their identity; iii) The petitioner shall appear and sign before the concerned Court daily at10.30 a.m. and 5.30 p.m., till the disposal of the appeal. iv) The petitioner shall furnish his residential address and mobile number to theTrial Court i.e., learned Sessions Judge, Special Court for POCSO Act Cases, Nagercoil.8. Subject to the above conditions, this Criminal Miscellaneous Petition isallowed. 5/8 https://www.mhc.tn.gov.in/judis CRL MP(MD) No.14117 of 20243.The learned counsel for the petitioner would submit that the petitioner is theonly breadwinner of his family and he has no blood relatives. But, his neighboursnamely Rajan, S/O.THiraviam, aged about 69 years, residing at 2/276, WaterlineStreet, Aruguvilai, Nagercoil, Aagsteeswaram Post, Kanniyakumari District andM.Rajendran, S/O.Muthuswamy, aged about 70 years, residing at 12/7, Mela Theru, Eraniel, Neyyoor Post, Kanniyakumari District, are willing to come forward to standas surety for the petitioner. Hence, he seeks to modify the condition No.i. 4.The learned Government Advocate (Criminal Side) would submit that he hasno objection.5.Considering the submissions made by the learned counsel for the petitioner, this Court is inclined to modify the condition (i) as follows:i)The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees TwentyFive Thousand Only) with two sureties namely, (Rajan, S/O.Thiraviam, aged about69 years, residing at 2/276, Waterline Street, Aruguvilai, Nagercoil, AagsteeswaramPost, Kanniyakumari District and M.Rajendran, S/O.Muthuswamy, aged about 70years, residing at 12/7, Mela Theru, Eraniel, Neyyoor Post, Kanniyakumari District,)each for a like sum to the satisfaction of the learned Sessions Judge, Special Court forPOCSO Act Cases, Nagercoil.6/8 https://www.mhc.tn.gov.in/judis CRL MP(MD) No.14117 of 20246.Accordingly, this Criminal Miscellaneous Petition is allowed. The otherconditions shall stand remained unaltered. sd/- 06/01/2025 / TRUE COPY / 07 / 01 /2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023. VSGTO1 THE SESSIONS JUDGE, SPECIAL COURT FOR POCSO ACT CASES, NAGERCOIL.2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, COLACHEL, KANNIYAKUMARI DISTRICT.3. THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN Crl.M.P.(MD).No.14117 of 2024inCrl.A.(MD).No.129 of 2023 Date :06/01/20257/8 https://www.mhc.tn.gov.in/judis CRL MP(MD) No.14117 of 2024PSP/ /SAR /07.01.2025/ 8P/ 5CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/20238/8