Meenakshi v. The State, Represented By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-05-2026

CORAM

THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI IN CRL RC NO. 1030 OF 2026 Meenakshi Wife of Ramesh, No.3, 2nd Floor, Tower Apartments, MTH Road, Villivakkam, Chennai - 600 049.

..Petitioner(s) Vs The State, represented by:

The Inspector of Police, V-1, Villivakkam Police Station, Villivakkam, Chennai - 600 049.

..Respondent(s) PRAYER: This Criminal Miscellaneous Petition has been filed under Section 438(1) of B.N.S.S. to suspend the sentence of imprisonment imposed on the petitioner by judgment dated 30.03.2026 by the learned VII Additional District and Sessions Judge, Chennai in Crl.A.No.363 of 2024, confirming the judgment and order dated 15.04.2024 passed in C.C.5670 of 2023, on the file of the XIII Metropolitan Magistrate, Egmore, and direct the petitioner be enlarged on bail, pending disposal of the present revision petition. For Petitioner(s):

Mr. Govind Chandrasekhar For Respondent(s):

Mr. A. Damodaran, Additional Public Prosecutor.

ORDER

The petitioner has preferred the above revision against the judgment dated 30.03.2026 passed by the learned VII Additional District and Sessions Judge, Chennai in Crl. A. No.363 of 2024 confirming the order of conviction and sentence against the petitioner passed in C.C. No.5670 of 2023 dated 15.04.2024 on the file of the learned XIII Metropolitan Magistrate, Egmore, Chennai. A sum of Rs.500/- was imposed as fine, in default, to undergo 1 week simple imprisonment for the offence under Section 294(b) of IPC, a sum of Rs.1,000/- was imposed as fine, in default, to undergo 2 weeks Simple imprisonment for the offence under Section 323 of IPC and to undergo six months simple imprisonment for the offence under Section 506(1) of PC.

Further, the petitioner was convicted for the offence under Section 75 of Juvenile Justice Act and sentenced to undergo three years Rigorous Imprisonment and to pay a fine of Rs.5,000/-, in default, to undergo simple imprisonment for a period of one month and a sum of Rs.5,000/- was imposed as fine for the offence under Section 82(1) of Juvenile Justice Act, in default, to undergo one month simple imprisonment.

2. The instant petition has been filed to suspend the sentence imposed on the petitioner pending disposal of the above revision.

3. The case of the prosecution is that the defacto complainant's son, who is a 7 year old autistic child. The said child and 7 other children, were attending 'My Paati Veedu', a Play School at 1/1 Sidco Nagar, run by A1 along with A2 to A4. While so, the accused A1 to A4 had beaten and tortured the children. All the accused had tied the defacto complainant's son's hands and legs and locked him inside a dark room. They had also abused him using obscene words and caused mental stress to the child. Further they had also thrown out the food given to the child from his home into the trash can. When the defacto complainant questioned the same, A1 had threatened her. Hence the case.

4. The learned counsel for the petitioner would submit that the trial court failed to appreciate the material facts and there are no evidences to prove the offences charged against the petitioner. The learned counsel would further submit that the petitioner/appellant is an innocent and has been falsely implicated in this case, that there are arguable points available in the Criminal Appeal and that the petitioner/appellant has a fair chance of succeeding in the appeal. Hence, he prayed to suspend the sentence imposed on the petitioner.

5. The learned Additional Public Prosecutor appearing for the respondent would submit that the trial Court, after taking into consideration the oral and documentary evidence produced by the prosecution, rightly found the petitioner/appellant guilty and convicted and sentenced him, as stated above.

6. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent perused the materials available on record.

7. Having regard to the submission made by the learned counsel for the petitioner that there are substantial grounds raised in the above revision which require consideration, this Court is inclined to grant suspension of sentence and exempt the petitioner from surrendering before the Trial Court, subject to the following conditions:

(i) The petitioner shall execute a bond for a sum of Rs.10,000/-, with two sureties, each for a like sum to the satisfaction of the learned XIII Metropolitan Magistrate, Egmore, Chennai;

(ii) The petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Trial Court may obtain a copy of their Aadhar card or Bank pass Book and mobile numbers to ensure their identity; and (iii) The petitioner shall appear before the Trial Court on the first working day of every month at 10.30 a.m. 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.

8. Accordingly, this Criminal Miscellaneous Petition is ordered. 06-05-2026 [2/3] Index: Yes/No Speaking/Non-speaking order MJS / VEDA Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To

1. The VII Additional District and Sessions Judge, Chennai.

2. The XIII Metropolitan Magistrate, Egmore, Chennai.

3. The Inspector of Police, V-1, Villivakkam Police Station, Villivakkam, Chennai - 600 049.

4. The Public Prosecutor, High Court of Madras.

L.VICTORIA GOWRI, J.

MJS / VEDA IN CRL RC NO. 1030 OF 2026 06-05-2026 [2/3]