Iyyappan v. The Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.07.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.14245 of 2025 in Crl.A.No.1028 of 2025 Iyyappan

...Petitioner

Vs.

1.The Deputy Superintendent of Police, Tiruppur 2.The State of Tamilnadu, Rep. By Inspector of Police, All Women Police Station, Udumalaipet 3.Devi ... Respondents PRAYER: Criminal Miscellaneous Petition filed under Section 415(2) of BNSS, praying to suspend the sentence imposed in judgment dated 19.08.2024 passed in Spl.SC.No.1 of 2022 on the file of Sessions Court, Fast Track Mahila Court, Tiruppur and enlarge the petitioner/appellant on bail, pending disposal of the above appeal.

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For Petitioner : Mr.K.Sudhan For Respondents For R1 & 2 : Mr.S.Raja Kumar, Additional Public Prosecutor

ORDER

This Criminal Miscellaneous Petition has been filed, praying to suspend the sentence imposed in judgment dated 19.08.2024 passed in Spl.SC.No.1 of 2022 on the file of Sessions Court, Fast Track Mahila Court, Tiruppur and to enlarge the petitioner/appellant on bail, pending disposal of the above appeal.

2.

The petitioner herein is the accused in Spl.SC.No.1 of 2022 on the file of Sessions Court, Fast Track Mahila Court, Tiruppur. He was found guilty of the offences under Sections 376(3), 506(1) of IPC and Section 5(1) r/w 6, 5(j) (ii) r/w 6 of POCSO Act and Section 3(1)(w)(i) r/w 3(2)(v) of SC/ST (POA) Amendment Act, 2015 and he has been convicted and sentenced as under:

S.No.

Conviction Sentence Section 5(1) r/w 6 to undergo rigorous imprisonment for a 2/6

S.No.

Conviction Sentence of POCSO Act period of twenty years and to pay a fine of Rs.5,000/-, in default to undergo simple imprisonment for three months.

Section 5(j) (ii) r/w to undergo rigorous imprisonment for a period of twenty years and to pay a fine of Rs.5,000/-, in default to undergo simple imprisonment for three months.

6 of POCSO Act Section 3(2)(v) of SC/ST (POA) Amendment Act, to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.5,000/-, in default to undergo simple imprisonment for three months.

Section 506(1) of IPC to pay a fine of Rs.2,000/-, in default to undergo simple imprisonment for three months.

Aggrieved by the same, the petitioner has filed criminal appeal before this Court along with the present miscellaneous petition. 3.

Heard the learned counsel appearing for the petitioner, the learned Additional Public Prosecutor appearing for respondents 1 & 2 and also perused the materials placed on record.

4.

On perusal of records, it is revealed that the petitioner, who was aged about 54 years at the time of occurrence, has committed very serious and heinous offence against a minor victim girl, who subsequently delivered 3/6

a baby. Further, this Court finds that the Trial Court has gone through the evidence in its entirety and convicted the petitioner. As such, this Court is not inclined to entertain this petition.

5.

Accordingly, this miscellaneous petition is dismissed 22.07.2025 (2/2) Index : Yes/No : Yes/No Speaking/non-speaking order lok 4/6

To 1.Sessions Court, Fast Track Mahila Court, Tiruppur 2.The Deputy Superintendent of Police, Tiruppur 3.Inspector of Police, All Women Police Station, Udumalaipet 4.The Public Prosecutor, Madras High Court, Chennai.

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G.K.ILANTHIRAIYAN, J.

lok Crl.M.P.No.14245 of 2025 in Crl.A.No.1028 of 2025 22.07.2025 (2/2) 6/6