Raja v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI AND CRL A NO. 1017 OF 2023

1. RAJA S/o. Lingam, Pachaiyamman Koil Street, Anandhalai Village, Wallajah Taluk. Vellore district Petitioner(s) Vs

1. State Rep. By Inspector Of Police, All Women Police Station, Ranipet, Vellore District. In Crime No.08 Of 2019 Respondent(s) PRAYER To suspend the sentence imposed by the Honble Special Judge for Exclusive Trial of Cases under POCSO Act 2012, Vellore, Vellore District in Special Sessions Case NO.95 of 2019 dated 13.12.2022 and enlarge the Petitioner on bail pending disposal of the above said criminal appeal For Petitioner(s):

J.William Shakesphere V.Ravi

M.Dilipkumar Index To Addl Typed Set Filed For Respondent(s):

Public Prosecutor

ORDER

This petition has been filed to suspend the sentence imposed by the Special Judge for Exclusive Trial of Cases under POCSO Act 2012, Vellore, Vellore District in Special Sessions Case NO.95 of 2019 dated 13.12.2022 and enlarge the Petitioner on bail pending disposal of the above said criminal appeal.

2. The learned counsel for the petitioner submits that the petitioner is neighbour of the victim girl and he was in jail for the more than 2 years from 13.12.2022. Further he submits that the petitioner has been falsely implicated in this case, the petitioner is aged about 38 years and he is surviving with wife and minor two children and while pending proceedings his wife died. Near about 3 years the petitioner is under the jail and he is ready to abide by any conditions. Since his two minor children are living without any parental care and also the petitioner has no bad antecedents. Hence, he prayed to suspend the sentence imposed on the petitioner.

3. The learned Government Advocate submits that as per the victim statement, the petitioner has sexually abused the victim girl.

4. Considering the fact that the petitioner has no bad antecedents and his two little minor children are living without any parental care. Considering the family circumstances of the petitioner and also taking into consideration the fact that this 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. Accordingly, till the disposal of the appeal, the reliefs of suspension of sentence and bail are granted on the following conditions:

(i) the petitioner shall not have any communication with victim family. (ii) the sentence of imprisonment alone, imposed on the petitioner/accused, shall be suspended, on his execution of a bond for a sum of Rs.25,000/- with two sureties, each for a likesum to the satisfaction of the trial court;

(iii) 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;

(iv) The petitioner shall appear before the Trial Court on every Saturday 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 355 of BNSS, 2023 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. The learned Government Advocate is directed to get instruction whether any compensation was given to the victim.

5. With the above directions, this Criminal Miscellaneous Petition is ordered.

22-09-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes

To

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

2. The Inspector Of Police, All Women Police Station, Ranipet, Vellore District.

3. The Central Prison, Vellore.

4. The Public Prosecutor High Court Madras.

T.V.THAMILSELVI J.

CRL MP No. 13333 of AND CRL A NO. 1017 OF 2023 22-09-2025