Mani @ Kaliyappan v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.07.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN in Crl.A.No.941 of 2025 Mani @ Kaliyappan .... Petitioner Vs State rep.by The Inspector of Police Veppadai Police Station, Namakkal, Namakkal District (Crime No.184 of 2023) .... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 430(2) of Bharatiya Nagarik Suraksha Sanhita, 2023, to suspend the sentence in Conviction judgment dated 07.01.2025 passed in Spl.S.C.No.55 of 2023 on the file of the learned Sessions Judge, Fast Track Mahila Court, Namakkal and enlarge the petitioner on bail pending disposal of the aforesaid appeal. For Petitioner : Mr.T.Saminathan 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 learned Sessions Judge, Fast Track Mahila Court, Namakkal in Spl.SC.No.55 of 2023 dated 07.01.2025 and enlarge the petitioner on bail pending disposal of the above Appeal.

2. The petitioner herein is the accused in Spl.SC.No.55 of 2023 on the file of the Sessions Judge, Fast Track Mahila Court, Namakkal. He was found guilty of the offences under Section 11(i) r/w 12(2) of POCSO Act & 354(A)(ii) of I.P.C and he has been convicted and sentenced as under: S.No.

Conviction Sentence Section 11(i) r/w 12(2) of POCSO Act To undergo rigorous imprisonment for a period of two years under each Section and to pay a fine of Rs.500/- and in default to undergo simple imprisonment for a period of three months.

Section 354(A)(ii) of IPC POCSO Act, 2012 to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.500/- in default to undergo simple imprisonment for three months.

The said sentences were directed to run concurrently. Aggrieved by the same, the present appeal has been filed.

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 for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondent police and also perused the materials placed on record.

6. Considering the facts and circumstances of the case coupled with the quantum of punishment imposed upon the petitioner, 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 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 Criminal Appeal, the reliefs of suspension of sentence and bail are granted on the following conditions: (a) The petitioner/accused is ordered to be released on bail, on his 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 Sessions Judge, Fast Track Mahila Court, Namakkal.

(b) The petitioner/accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety 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 for a period of 30 days thereafter on the first working day of every English Calendar 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 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.

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

15.07.2025 (2/2) Index : Yes/No : Yes/No Speaking/non-speaking order Nhs

To 1.The Sessions Judge, Fast Track Mahila Court, Namakkal.

2. The Inspector of Police Veppadai Police Station, Namakkal, Namakkal District.

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

Nhs in Crl.A.No.941 of 2025 15.07.2025 (2/2)

Crl.A.No.941 of 2025 G.K.ILANTHIRAIYAN, J.

Admit. Notice.

2. Mr.S.Raja Kumar, learned Additional Public Prosecutor takes notice for the respondent.

3. Registry is directed to call for the records from the lower Court and prepare typed set of papers.

15.07.2025 Nhs (1/2)