Y Father Of The Victim Child v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2025 CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN "Y" Father of the Victim Child ... Petitioner/A5 Vs.

The State represented by The Inspector of Police, Thirukkanur Circle, Puducherry.

(Crime No.92 of 2019) ... Respondent Prayer : Criminal Miscellaneous Petition filed under Section 430 of Bharatiya Nagarik Suraksha Sanhita, pleased to suspend the sentence and conviction imposed on the petitioner by the Fast Track Court Exclusively to deal with offences under the POCSO Act, Puducherry in Special Sessions Case No.46 of 2023 by judgment dated 21.02.2025 and enlarge the petitioner on bail, pending disposal of the above Criminal Appeal. For Petitioner : Mr.S.Sathya Raj For Respondent : Mr.K.S.Mohandass Public Prosecutor (Puducherry) ***** Page No.1 of 6

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, seeking to suspend the sentence imposed on him in Spl.S.C.No.46 of 2023 dated 21.02.2025 on the file of the Fast Track Court Exclusively to deal with offences under the POCSO Act, Puducherry, and enlarge the petitioner on bail.

2. The petitioner/A5 is an accused in Spl.S.C.No.46 of 2023 on the file of the Fast Track Court Exclusively to deal with offences under the POCSO Act at Puducherry. He was found guilty for the offence punishable under Section and he has been convicted and sentenced as under :

S.

No.

Conviction Sentence 1.

Section 10 of Prohibition of Child Marriage Act, 2006 to undergo two years rigorous imprisonment and to pay a fine of Rs.10,000/-, in default to undergo one month simple imprisonment.

Aggrieved by the same, the petitioner has filed this 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 have 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 by the condition imposed by this Court.

4. Heard the learned counsel appearing on either side and perused the materials placed on record.

5. 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, 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. Page No.3 of 6

6. 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: (i) 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 Fast Track Court Exclusively to deal with Offences under the POCSO Act at Puducherry;

(ii) 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;

(iii) The petitioner shall appear 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 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.

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(iv) The petitioner/accused is directed to pay the fine amount as ordered by the trial court within a period one week from the date of coming out of the prison.

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

16.07.2025 Index : Yes / No (2/2) Speaking order / Non-speaking order NCC : Yes / No sp To 1.The Fast Track Court Exclusively to deal with Offences under the POCSO Act, Puducherry.

2.The Superintendent, Central Prison, Puducherry. 3.The Inspector of Police, Thirukkanur Circle, Puducherry. 4.The Public Prosecutor, Madras High Court, Chennai. Page No.5 of 6

G.K.ILANTHIRAIYAN, J.

sp 16.07.2025 (2/2) Page No.6 of 6