Perumal v. The State Rep.By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.07.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN in Crl.A.No.523 of 2025 Perumal

...Petitioner

Vs.

State Rep by The Inspector of Police, Vandavasi All Women Police Station, Vandavasi, Thiruvannamalai District.

(Crime No. 4/2019) ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 430(1) Bharatiya Nagarik Suraksha Sanhita, 2023 to suspend the sentence and fine imposed by the Special Court for POCSO Cases at Thiruvannamalai in Spl. S.C. No.26 of 2020, dated 27.08.2024 and enlarge the petitioner /Appellant / Accused on bail, pending disposal of the above criminal appeal.

For Petitioner : Mr.S.L. Venkatesan For Respondent : Mr.S.Raja Kumar Additional Public Prosecutor

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed by the Special Court for POCSO Cases at Thiruvannamalai in Spl. S.C. No.26 of 2020 dated 27.08.2024 and enlarge the petitioner on bail pending disposal of the above appeal.

2. The petitioner herein is the accused in Spl.S.C.No.26 of 2020 on the file of the learned Special Court for POCSO Cases at Thiruvannamalai. He was found guilty for the offences punishable under Section 366, 376(AB) of I.P.C and Section 6 of POCSO Act. He has been convicted and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.5,000/- in default to undergo simple imprisonment for a period of one year for the offences punishable under Section 366 of I.P.C. Further, the petitioner has been convicted to undergo rigorous imprisonment for a period of twenty years and to pay a fine of Rs.5,000/- in default to undergo two years of simple imprisonment for the

offences under Section 376 (AB) of I.P.C & Section 6 of POCSO Act. Aggrieved by the same, the present appeal has been filed. 3.

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. 4.

This Court finds no reasons to suspend the sentence since the Trial Court has gone through the evidence in its entirety and also finds that the petitioner has committed very serious and heinous offence as against the minor victim girl who was below 12 years at the time of occurrence. 5.

In the result, the petition for suspension of sentence is dismissed.

24.07.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Nhs G.K.ILANTHIRAIYAN, J.

Nhs To

1. The Special Court for POCSO Cases, Thiruvannamalai.

2. The Inspector of Police, Vandavasi All Women Police Station, Vandavasi, Thiruvannamalai District.

3.The Public Prosecutor, High Court of Madras.

4. The Superintendent, Central Prison, Vellore.

in Crl.A.No.523 of 2025 24.07.2025