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Madras High CourtCRL MP/14055/2025ordered

Jesudass Raja v. The State Rep By, Inspector Of Police,

2025-07-18Honourable Mr Justice P. Velmurugan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-11-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI AND CRL A NO. 1258 OF 2024

1. RAMESH S/o.Duraisamy, Pillaiyar Koil Street Thennergunam Village, Molasur Post, Tindivanam Taluk, Villupuram District.

Petitioner(s) Vs

1. The State Rep By Its, The Inspector Of Police, Brammadesam Police Station, Villupuram District Cr.No.233 Of 2019.

Respondent(s) PRAYER To suspend the sentence of imprisonment imposed in the judgment dated 16.07.2024 made in Spl.S.C.No.52 of 2020 on the fiel of the Learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO ACT, VILLUPURAM and enlarge the petitioner on bail pending disposal of the above Criminal Appeal.

For Petitioner(s):

S. Jeyakumar R. Karthik Additional Grounds For Suspension Of Sentence Filed Typed Set Of Papers Filed For Respondent:

Mr.V. Meganathan, Govt Advocate

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, to suspend the sentence of imprisonment imposed in the judgment dated 16.07.2024 made in Spl.S.C.No.52 of 2020 on the file of the Learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO ACT, Villupuram and enlarge the petitioner on bail pending disposal of the above Criminal Appeal.

2. The petitioner herein is the accused in SPLSC.NO.52 OF 2020 on the file of Learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO ACT, Villupuram . The petitioner was convicted for the offence

under Section 6 of the POCSO Act,2012 and the accused is sentenced to undergo Rigorous imprisonment for a period of 20 years ( 2 counts) and imposed a fine of Rs.15,000/- for each count. In default, sentenced him to undergo simple imprisonment for a period of 6 months each and further the appellant is convicted for the offence under Section 342 of IPC (2 counts) of and sentenced to undergo Rigorous imprisonment for 6 months and imposed fine of Rs.1,000/- for each count, in default, sentenced to undergo simple imprisonment for a period of one month each. Against which, the present Criminal 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. 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. 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 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, Special Court for Exclusive Trial of Cases under POCSO Act, Villupuram. (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 on

every Tuesday 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.

5.

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

27-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Note: The Registry is directed to issue order copy on 28.11.2025. To.

1.

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

2. The Inspector of Police, Brammadesam Police Station, Villupuram District.

3. The Superintendent Central Prison, Cuddalore

4. The Public Prosecutor, High Court, Madras.

T.V.THAMILSELVI, J.

smn CRL MP No. 14055 of AND CRL A NO. 1258 OF 2024 27-11-2025