R. Rajesh v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.07.2024

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.M.P. No.10188 of 2024 in Crl.A.No.918 of 2024 R.Rajesh ... Petitioner -VsThe State Rep.by The Inspector of Police, Puthur Police Station, Cuddalore.

Crime No.91 of 2018 ... Respondent Prayer : Criminal Miscellaneous Petition is filed under Section 430(1) of B.N.S.S. Act, 2023, to suspend the sentence of imprisonment imposed in the judgment dated 09.07.2024, passed in Spl.S.C.No.61 of 2019 by the learned Sessions Judge, Special Court of Exclusive Trial Cases under POCSO Act, Cuddalore and enlarge the petitioner on bail. For petitioner : Mr.S.Vijayaraghavan For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor

O R D E R

The Criminal Appeal has been filed as against the Judgment and sentence passed by the learned Sessions Judge, Special Court of

Exclusive Trial Cases under POCSO Act, Cuddalore, in Spl.S.C.No.61 of 2019, dated 09.07.2024, in and by which, the petitioner was convicted for the offence under Section 6 of POCSO Act, 2012 and was sentenced to undergo rigorous imprisonment for twenty years and to pay a fine of Rs.10,000/-, in default, to undergo further simple imprisonment for a period of five years. Challenging the same, the appellant has filed the Criminal appeal and the present miscellaneous petition seeking suspension of sentence of imprisonment.

2. The learned counsel appearing for the petitioner submits that the petitioner has married the victim girl and they were blessed with a child. Even then, the trial Court has convicted the petitioner and he is in prison.

3. The learned counsel for the petitioner has raised several arguable grounds insofar the appeal is concerned and it will take some more time for this Court to take up the criminal appeal and to dispose of the same.

4. Considering the fact that the petitioner has married the victim

girl and that they were blessed with a child, the punishment of imprisonment imposed as against the petitioner is hereby suspended and he is directed to be released on bail on the following conditions: a) the petitioner shall execute a bond for a sum of Rs.10,000/- to the satisfaction of the learned Sessions Judge, Special Court of Exclusive Trial Cases under POCSO Act, Cuddalore, along with two sureties for a like sum; b) the petitioner shall report before the Court below on the first working day of every month, pending disposal of the appeal.

5. Accordingly, the Criminal Miscellaneous Petition is ordered. 19.07.2024 ssb Note: Issue order copy on 22.07.2024

To

1. The Inspector of Police, Puthur Police Station, Cuddalore.

2. The learned Sessions Judge, Special Court of Exclusive Trial Cases under POCSO Act, Cuddalore.

3. The Superintendent, Central Prison, Cuddalore.

4. The Public Prosecutor, High Court of Madras.

M.DHANDAPANI, J.

ssb Crl.M.P. No.10188 of 2024 in Crl.A. No.918 of 2024 19.07.2024