Madras High CourtCRL MP/8067/2025dismissed

Shankar v. The State Rep. By

2025-04-22Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN in Crl.A.No.385 of 2025 Shankar ... Petitioner Vs.

The State represented by The Inspector of Police, All Women Police Station, Katpadi, Vellore. ... Respondent PRAYER: Criminal Miscellaneous Petition is filed under Section 430 of BNSS Act, to suspend the sentence imposed on the petitioner by the Special Court for Exclusive Trial of Cases under POCSO Act, Vellore in Spl.S.C.No.174 of 2022 dated 25.02.2025 and to enlarge him on bail, pending disposal of the above Criminal Appeal. For Petitioner : Mr.C.P.Siva Mohan For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor

O R D E R

This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed on the petitioner by the Special Court for Exclusive Trial of Cases under POCSO Act, Vellore in Spl.S.C.No.174 of 2022 vide order dated 25.02.2025 and to enlarge him on bail, pending disposal of the above Criminal Appeal.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent/Police and perused the materials available on record.

3. The respondent-Police registered a case against the petitioner in Crime No.4 of 2022 for the offences under Sections 7, 8, 12 and 11(a)(iv) of POCSO Act and under Sections 354B, 354(A)(i) and 354(D)(i) of IPC and the same was taken on file in Spl.S.C.No.174 of 2022 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Vellore. The learned Special Judge, found the petitioner/accused guilty for the offences under Sections 7, 8, 11(iv) and 12 of POCSO Act and convicted and sentenced him to undergo five years rigorous imprisonment and to pay fine of Rs.20,000/- in default to

undergo one year rigorous imprisonment for the offence under Sections 7 and 8 of POCSO Act and sentenced him to undergo three years rigorous imprisonment and to pay fine of Rs.5,000/-, in default to undergo two months simple imprisonment for the offences under Section 11(iv) and 12 of POCSO Act. Hence, the petitioner has filed this petition seeking to suspend the sentence imposed on the petitioner by the learned Special Judge.

4. Considering the serious nature of offence, this Court is not inclined to suspend the sentence imposed on the petitioner by the Special Court for Exclusive Trial of Cases under POCSO Act, Vellore in Spl.S.C.No.174 of 2022.

5. Hence, this Criminal Miscellaneous Petition is dismissed. 22.04.2025 ( 1⁄2) mfa Index:Yes/No Speaking Order: Yes/No To

1. The Special Court for Exclusive Trial of Cases under POCSO Act,

Vellore.

2. The Inspector of Police, All Women Police Station, Katpadi, Vellore.

3. The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J mfa in Crl.A.No.385 of 2025 22.04.2025