Mani v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.06.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN in Crl.A.No. 1536 of 2024 Mani

...Petitioner

Vs.

The Inspector of Police, All Women Police Station, Mangalamedu Perambalur District Crime No.13/2020 ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 528 of Bharathiya Nagarik Suraksha Sanhita, 2023 to suspend the sentence imposed by the Mahila Court, Perambalur dated 21.11.2024 in Special S.C.No.37 of 2020 and grant bail to the petitioner, pending disposal of the Criminal Appeal.

For Petitioner : Mr.V.Balu For Respondent : Mr.S.Rajakumar Additional Public Prosecutor

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed by the Mahila Court,

Perambalur dated 21.11.2024 in Special S.C.No.37 of 2020 and grant bail to the petitioner, pending disposal of the Criminal Appeal. 2.

The petitioner herein is the accused in Special S.C.No.37 of 2020 on the file of the learned Sessions Judge, Mahila Court, Perambalur. The petitioner was found guilty for the offences under Section 3 r/w 4 of POSCO Act, 2012 and convicted and sentenced on 21.11.2024 as under: S.No.

Conviction Sentence Section 3 r/w 4 of POCSO Act, 2012 to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs.1,00,000/-, in default to undergo rigorous imprisonment for one year.

Aggrieved by the same, the petitioner has filed this appeal along with the present miscellaneous petition.

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 Government Advocate (Criminal Side) 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.

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 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 is 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 learned Mahila Court, Perambalur.

(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 at 10.30 a.m. for a period of 30 days and thereafter 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.

18.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order ssd

To

1. The Mahila Court, Perambalur

2. The Inspector of Police, All Women Police Station, Mangalamedu Perambalur District Crime No.13/2020

3. The Public Prosecutor, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN, J.

18.06.2025