Vignesh v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.02.2023

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Crl.M.P.No.1491 of 2023 in Crl.A.No.119 of 2023 Vignesh ... Petitioner Vs.

State Rep. by The Inspector of Police, All Women Police Station, Vaniyambadi, Vellore District (Crime No.11 of 2018) ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 389(1) and 439 of Cr.P.C. to suspend the sentence imposed upon him by the learned Special Court for Exclusive Trial of Cases under Protection of Children from Sexual Offences Act, 2012, Vellore, by judgment dated 24.03.2021 made in Spl.S.C.No.142 of 2018 and release him on bail. For Petitioner : Mr.M.R.Thangavel For Respondent : Mr.C.E.Pratap, Govt. Advocate (Crl.Side)

ORDER

The petitioner, who is the accused in Spl.S.C.No. 142 of 2018 on the file of the learned Special Court for Exclusive Trial of Cases under Protection of Children from Sexual Offences Act, 2012, Vellore, seeks suspension of his sentence of imprisonment.

2. The Trial Court, vide judgment dated 24.03.2021, convicted the accused for the offence punishable under Sections 366, 506(i) I.P.C., and 5(m)(i) r/w.6 of POCSO Act and sentenced him as under: Conviction under Section Sentence Section 5(m)(i) r/w.6 of POCSO Act Rigorous Imprisonment for 10 years with a fine of Rs.5,000/-, in default, to undergo Rigorous Imprisonment for 3 months.

Section 366 I.P.C Rigorous Imprisonment for 7 years with a fine of Rs.1,000/-, in default, to undergo Rigorous Imprisonment for 1 month.

Section 506(i) I.P.C.

Rigorous Imprisonment for 1 year

3. Challenging the conviction and sentence slapped by the Trial Court, the petitioner is before this Court.

4. The learned counsel for the petitioner submitted that there are arguable points in this Appeal. He further submitted that the petitioner is under custody. Hence, prayed for suspension of sentence.

5. Heard the learned Government Advocate (Crl. Side) appearing for the respondent and perused the impugned judgment and the materials on record.

6. Taking into consideration of the above submission of the learned counsels appearing on both sides, this Court finds that the petitioner has substantial grounds in this Criminal Appeal, which require detailed appraisal. Therefore, this Court is of the view that the petitioner is entitled to the relief of suspension of sentence.

7. Accordingly, it is ordered as follows.

(i) The substantive sentence of imprisonment alone is suspended and the petitioner is directed to be enlarged on bail on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only)

with two sureties each for a like sum to the satisfaction of the learned Special Court for Exclusive Trial of Cases under Protection of Children from Sexual Offences Act, 2012, Vellore.

(ii) The petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Trial Court may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. (iii) The petitioner shall appear before the Trial Court, as and when required.

09.02.2023 2/2 rpl To

1. The Special Court for Exclusive Trial of Cases under Protection of Children from Sexual Offences Act, 2012, Vellore.

2. The Superintendent, Central Prison, Vellore. 3.The Inspector of Police, All Women Police Station, Vaniyambadi, Vellore District

4. The Public Prosecutor,High Court of Madras, Chennai.

V.SIVAGNANAM, J., rpl Crl.M.P.No.1491 of 2023 in Crl.A.No.119 of 2023 09.02.2023