Mohan Raj v. State Of Tamil Nadu, Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-09-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL MP NO. 17928 OF 2025 IN CRL A No. 1493 of 2025
1. Mohan Raj S/o.Venkatesan, No.1, Bajanai Kovil Street, Perumugai Colony, Arakkonam, Ranipet District.
Petitioner(s) Vs
1. State of Tamil Nadu, Rep. by Inspector of Police, Arakkonam, AWPS.
Respondent(s) CRL MP No. 17928 of 2025 PRAYER To suspend the sentence imposed on the petitioner Spl.S.C.No.15 of 2024 dated 27.03.2025 by the Learned Special Court for the exclusvei trial of POCSO Act Cases, Vellore, Ranipet District and to enlarge the petitioner on bail pending disposal of the Criminal Appeal CRL A No. 1493 of 2025 For Appellant(s):
Jeevan Kumar Praveennath Selvam
A.R.Lamech Indian Nalli Aravindasamy For Respondent(s):
Mr. V. Meganathan, Government Advocate Crl. side
ORDER
This petition has been filed to suspend the sentence imposed on the petitioner Spl.S.C.No.15 of 2024 dated 27.03.2025 by the Learned Special Court for the exclusive trial of POCSO Act Cases, Vellore, Ranipet District and to enlarge the petitioner on bail pending disposal of the Criminal Appeal.
2. The petitioner is the accused in Spl.S.C.No.15 of 2024 on the file of the Special Court for the exclusive trial of POCSO Act Cases, Vellore, Ranipet District. He was found guilty of the offence under Sections 294(b), 450 and 506(ii) IPC r/w 6 of POCSO Act and sentenced him to undergo 3 year rigorous imprisonment with Rs.1,000/- fine, in default, to undergo 3 months for simple imprisonment for the offence under Section 450 IPC, 20 years of rigorous imprisonment for 20 years with Rs.10,000/- fine in default to undergo 6 months of simple imprisonment for offence under Section 5 r/w 6 of POCSO Act, one month of rigorous imprisonment along with fine of Rs.1,000/- for offence under Section 296(b) IPC and 1 year rigorous imprisonment along with fine of
Rs.1000/- in default, and 3 months of simple imprisonment for offence under Section 506(ii) IPC.
3. The learned counsel for the petitioner submits that due to previous enmity between the family members of the petitioner and the victim family the petitioner has been falsely implicated in this case, who are risiding within half kilometer in the same locality but the Court below not properly appreciated the above facts convicted him. Further, he submits that here are arguable points available in the appeal and the petitioner/accused has got a fair chance of succeeding in the appeal and hence, the substantive sentence imposed against the petitioner/accused may be suspended. Further, he submits that for the past 6 months he was in jail and before getting bail he was under judicial custody for six months, totally 1 years he was in jail. He would submit that the petitioner is aged about 26 years, unmarried and he ready to abide any condition to be imposed by this Court.
4. The learned Government advocate submits that the victim is under the custody of her parents. However, he raised objection to suspend the sentence.
5. Heard both sides.
6. Considering the submissions of the learned counsel for the petitioner, coupled with the quantum of punishment imposed upon the petitioner and the petitioner is jail for past six months and taking into consideration the fact that this 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 appeal, the reliefs of suspension of sentence and bail are granted on the following conditions:
(i) The petitioner shall not have any communications with the victim girl and directed not to visit the school where victim studying. (ii) the sentence of imprisonment alone, imposed on the petitioner/accused, shall be suspended, on his execution of a bond for a sum of Rs.25,000/- with two sureties, each for a likesum to the satisfaction of the trial court;
(iii) The petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank pass Book and mobile numbers to ensure their identity; (iv) The petitioner shall appear before the Trial Court on on every Tuesday and Saturday at 10.00 a.m. 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;
7. With the above directions, this Criminal Miscellaneous Petition is ordered.
24-09-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Special Court for the exclusive trial of POCSO Act Cases, Vellore, Ranipet District 2.The Central Prison, Vellore.
3.The Public Prosecutor, High Court, Madras.
T.V.THAMILSELVI J.
CRL MP NO. 17928 OF IN CRL A No. 1493 of 2025 24-09-2025