Ravi v. State Rep.By, Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.06.2025
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.10038 of 2025 in Crl.A.No.490 of 2025 Ravi
...Petitioner
Vs.
State represented by Inspector of Police, W-2, All Women Police Station, Triplicane, Chennai (crime No.1 of 2020) ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 430 of BNSS, to suspend the conviction and sentences imposed on the petitioner made order in Spl.SC.No.39 of 2020 on the file of Court of Sessions Judge, Special Court for Exclusive Trial or Cases under POCSO Act, Chennai dated 12.02.2025 and to release the petitioner on bail. For Petitioner : Mr.C.Prabakaran for Mr.R.Rajadurai For Respondent : Mr.S.Raja Kumar, Additional Public Prosecutor 1/6
ORDER
This Criminal Miscellaneous Petition has been filed by the petitioner, seeking to suspend the conviction and sentences imposed on the petitioner in Spl.SC.No.39 of 2020 on the file of Court of Sessions Judge, Special Court for Exclusive Trial or Cases under POCSO Act, Chennai dated 12.02.2025 and to release the petitioner on bail pending disposal of the above appeal.
2.
The petitioner herein is the accused in Spl.SC.No.39 of 2020 on the file of Court of Sessions Judge, Special Court for Exclusive Trial or Cases under POCSO Act, Chennai. He was found guilty of the offences under Section 10 of POCSO Act and he has been convicted and sentenced as under:
S.No.
Conviction Sentence Section 10 of POCSO Act to undergo imprisonment for a period of five years with a fine of Rs.5,000/-, in default to undergo simple imprisonment for one month Aggrieved by the same, the petitioner has filed the aforesaid appeal along with the present miscellaneous petition.
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3.
The learned counsel for the petitioner/accused would submit that there are arguable points available in the Criminal Appeal and the petitioner/accused has got a fair chance of succeeding in the Criminal Appeal and hence, the substantive sentence imposed against the petitioner/accused may be suspended. He would submit that the petitioner is ready to abide the condition imposed by this Court. 4.
Per contra, the learned Additional Public Prosecutor appearing for the respondent/State raised serious objection for allowing this petition. Further, he would contend that the evidences recorded from the prosecution witnesses would prove the case of the prosecution beyond reasonable doubt. According to him, interference of this Court is not necessary in the findings arrived at by the trial Court.
5.
Heard the learned counsel appearing on either side and also perused the materials placed on record.
6.
The petitioner made out a prima facie case for suspension of 3/6
sentence and granting of bail. Therefore, considering the facts and circumstances of the case coupled with the quantum of punishment imposed upon the petitioner and also the period of incarceration, also by considering the submissions of the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police, further this criminal appeal is not likely to be taken for final hearing in the near future, this Court is of the view that the substantive sentence of imprisonment alone can be suspended on certain conditions. 7.
Accordingly, till the disposal of the Criminal Appeal, the substantive sentence of imprisonment imposed by the learned trial Judge is alone suspended and bail are granted on the following conditions: (a) The petitioner/accused is ordered to be released on bail, on his executing a separate 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 Court of Sessions Judge, Special Court for Exclusive Trial or Cases under POCSO Act, Chennai (b) The petitioner/accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety 4/6
bonds and the Magistrate may obtain a copy of their Aadhaar Cards or Bank Pass Books to ensure their identities. (c) The petitioner shall appear before the Trial Court daily at 10.30 a.m. for a period of one month and thereafter report before the trial court on the first working day of every English Calendar month at 10.30 a.m., until the disposal of the Criminal 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.
8.
With the above directions, this Criminal Miscellaneous Petition is ordered.
05.06.2025 (2/2) Index : Yes/No : Yes/No Speaking/non-speaking order lok 5/6
G.K.ILANTHIRAIYAN, J.
lok To
1. Court of Sessions Judge, Special Court for Exclusive Trial or Cases under POCSO Act, Chennai 2.Inspector of Police, W-2, All Women Police Station, Triplicane, Chennai 3.Central Prison, Puzhal, Chennai
4. The Public Prosecutor, Madras High Court, Chennai.
Crl.M.P.No.10038 of 2025 in Crl.A.No.490 of 2025 05.06.2025 (2/2) 6/6