Sulthan Alavudeen @ Sulthan v. State Of Represented Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-11-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN AND CRL A NO. 271 OF 2022

1. Sulthan Alavudeen @ Sulthan S/O Mohammed Rukmaan, Pallivasal Street, Kattanoor Po, Thiruchuli Taluk, Virudhu Nagar District Petitioner(s) Vs

1. State of Represented Inspector Of Police, Variety Hall Road Police Station, Coimbatore (Crime No.300/2019) Respondent(s) CRL A No. 271 of 2022

1. Sulthan Alavudeen@sulthan S/o Mohammed Rukmaan, Pallivasal Street, Kattanoor Po, Thiruchuli Taluk, Virudhu Nagar District Appellant(s)

Vs

1. State Rep By Inspector Of Police, Variety Hall Road Police Station, Coimbatore (crime No.300/2019) Respondent(s) PRAYER To suspend the sentence imposed against the petitioner passed in Spl.CC.no. 55 of 2021 on the file of the Childrens court special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore dated 10.01.2022 and enlarge the petitioner on bail pending disposal of thsi criminal appeal . CRL A No. 271 of 2022 PRAYER To set aside the judgment of conviction and sentence passed against the petitioner in Spl.CC.no. 55 of 2021 on the file of the Childrens court special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore dated 10.01.2022 For Petitioner(s):

Mr.G.Pandiyan For Respondent(s):

Mr.A.Damodaran Additional Public Prosecutor, assisted by Ms.M.Arifa Thasneem

ORDER

(Order of the Court was made by N.Sathish Kumar J.) This petition has been filed to suspend the sentence imposed on the petitioner/appellant by the learned Sessions Judge, Special Court for Exclusive Trial of cases under POCSO Act, Coimbatore, in Spl.S.C.No.55 of 2021, by judgment dated 10.01.2022. The petitioner/appellant was convicted for the offence under Section 294(b) IPC and sentenced to undergo simple imprisonment for three months and to pay a fine of Rs.500/-, in default, to undergo simple imprisonment for two weeks; for the offence under Section 302 IPC and sentenced to undergo life imprisonment after the completion of 21 years (26.07.2001) at the place of safety and to pay a fine of Rs.1,000/-, in default, to undergo six months simple imprisonment.

Justice Act, 2015, the punishment has been imposed by the trial Court. 2.Challenging the conviction and sentence, the accused has preferred the above appeal and sought for suspension of sentence and grant of bail. 3.Learned counsel appearing for the petitioner/accused would submit that there are various contradictions in the evidence and he would submit that, except the evidence of P.W.5, the other aspects have not been considered by the trial Court. The petitioner was a juvenile and this was not also considered by the trial Court while awarding punishment.

4.We have perused the evidence on record.

5.The trial Court has given undue importance to the so-called admission of the petitioner/accused and the evidence of P.W.5 and convicted the petitioner, who was a juvenile at the time of occurrence. We are of the view that the petitioner has made out an arguable case. Since this appeal is not likely to be

taken up in the near future, we are inclined to suspend the sentence and grant bail to the petitioner.

6.Accordingly, the substantive sentence of imprisonment alone is suspended and the petitioner/appellant shall be released on bail on him executing a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only), with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.1, Coimbatore, and on further conditions that: (i) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Judicial Magistrate No.1, Coimbatore, may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. (ii) on release, the petitioner/appellant shall appear before the trial Court on the first working day of every month, until the disposal of the appeal and if he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court.

7.Accordingly, this petition is ordered.

(N.SATHISH KUMAR J.)(M.JOTHIRAMAN J.) 24-11-2025 Internet:Yes mkn To 1.The Sessions Judge, Children's Court/Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore.

2.The Judicial Magistrate No.1, Coimbatore.

3.The Inspector Of Police, Variety Hall Road Police Station, Coimbatore (Crime No.300/2019) 4.The Superintendent, Central Prison, Coimbatore.

5.The Public Prosecutor, High Court, Madras.

N.SATHISH KUMAR J.

AND M.JOTHIRAMAN J.

mkn CRL MP No. 9809 of AND CRL A NO. 271 OF 24-11-2025