Murugan 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. 916 of 2025 Murugan ....

Petitioner Vs State Rep. By The Inspector of Police, All Women Police Station, Polur, Tiruvannamalai District.

Crime No.1 of 2023 ....

Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 389(1) of the Criminal Procedure Code, praying to enlarge the petitioner on bail by suspending the sentence imposed on him in Hon'ble Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Tiruvannamalai, dated 28.05.2025.

For Petitioner : Mr.P.M.Basil 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, Special Court for Exclusive Trial of Cases under POCSO Act, Tiruvannamalai in Spl.S.C.No.20 of 2023 dated 28.05.2025 and enlarge the petitioner on bail pending disposal of the above criminal appeal.

2. Heard the learned counsel appearing for the petitioner and perused the materials available on record.

3. The petitioner is the accused in Spl.S.C.No.20 of 2023 on the file of the learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Tiruvannamalai. The petitioner was found guilty of the offences under Sections 376(3), 376(2)(n) of IPC and Section 5(I) r/w 6(1) of the POCSO Act, 2012 and Section 506 (ii) of IPC and he has been convicted and sentenced as under:- S.No.

Conviction Sentence 1.

376(3), 376(2)(n) of IPC and Section 5(I) r/w 6(1) of the POCSO Act, 2012 To undergo rigorous imprisonment for a period of twenty years and to pay a fine of Rs.10,000/- in default to undergo six months simple imprisonment 2.

Section 506 (ii) of IPC To undergo three years rigorous imprisonment.

Aggrieved by the same, the petitioner has filed this appeal along with the

present miscellaneous petition.

4. Heard both sides and perused the materials available on record.

5. Considering the facts and circumstances of the case, this Court is of the view that the petitioner has failed to make out a prima facie case for grant of suspension of sentence. The petitioner has been convicted for having committed a very serious and heinous offence against the minor victim. In fact, the victim became pregnant and subsequently underwent an abortion.

6. In view of the above, this Court is not inclined to grant suspension of sentence imposed by the Trial Court. Accordingly, this Criminal Miscellaneous Petition stands dismissed.

15.07.2025 (2/2) Index : Yes/No : Yes/No Speaking/non-speaking order Lpp G.K.ILANTHIRAIYAN, J.

Lpp To

1. The Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Tiruvannamalai.

2. The Inspector of Police, All Women Police Station, Polur, Tiruvannamalai District.

3. The Public Prosecutor, High Court, Madras.

in Crl.A.No. 916 of 2025 15.07.2025