Ramu @ Ramamoorthi v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-11-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL MP No. 17787 of 2023 in CRL A NO. 1271 OF 2023

1. Ramu @ Ramamoorthi S/O. Bharathi, School Street, Agalur Village, Gingee Taluk, Villupuram District. Presently confined in Central Prison, Cuddalore.

Petitioner(s) Vs

1. Inspector Of Police Gingee All Women Police Station, Villupuram District. Cr.NO.14/2020.

Respondent(s) PRAYER To Suspend the Execution of the sentence against the petitioner by the Spl.SC.38/20221 on the file of the learned Special Court Exclusive trial of cases under POCSO Act, Villupuram dated 28.2.2023. and enlarge the petitioner on bail pending disposal of this appeal For Petitioner(s):

M/s P.Muthamizhselvakumar K.Ramesh A.Esakipandy S.Ramesh Kumar M.Jithendran, A.Vivek For Respondent:

Mr.V. Meganathan, Govt Advocate

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, to Suspend the Execution of the sentence against the petitioner by the Spl.SC.38/20221 on the file of the learned Special Court Exclusive trial of cases under POCSO Act, Villupuram dated 28.2.2023. and enlarge the petitioner on bail pending disposal of this appeal

2. The petitioner herein is the accused in Spl.SC.38/20221 on the file of the learned Special Court Exclusive trial of cases under POCSO Act, Villupuram. He was found convicted and sentenced and the same is extracted hereunder:

S.No Charge Act Conviction/acquittal IPC Sentenced to rigorous imprisonment under 5 years and also to pay a sum of Rs.1,000/- in default he shall further undergo 3 months simple imprisonment.

506(i) IPC Sentenced to rigorous imprisonment under 1 year and also to pay a sum of Rs.1,000/- in default he shall further undergo one month simple imprisonment 5(m) r/w 6 POCSO Sentences to rigorous imprisonment under 20 years and also to pay a sum of Rs.10,000/- in default the shall further undergo 3 months simple imprisonment Challenging the same the petitioner has filed the above Criminal Revision.

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. The learned Government Advocate would submit that the victim girl is now living with her parents and also produced the statements recorded under section 164 of Cr.P.C

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. 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 is directed to deposit a sum of Rs.30,000/- (Rupees Thirty thousand only), to the credit of SC.No.38 of 2021, on the file of the learned Special Court Exclusive trial of cases under POCSO Act, Villupuram without prejudice his defence, within a period of three weeks from the date of receipt of a copy of this order.

(b) 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, in which one surety must be a blood related surety, each for a like sum to the satisfaction of the learned Special Court Exclusive trial of cases under POCSO Act, Villupuram.

(c) 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.

(d) 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.

(e) the mother of the victim girl is permitted to withdraw the amount, deposited by the petitioner, in SC.No.38 of 2021, on the file of the learned Special Court Exclusive trial of cases under POCSO Act, Villupuram on proper identification, in the manner known to law.

(f) the petitioner shall not to have any communication with the victim family.

5.

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

27-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes To.

1.The learned Special Court Exclusive trial of cases under POCSO Act, Villupuram

2. The Inspector of police, Gingee, All Women 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. 17787 of AND CRL A NO. 1271 OF 2023 27-11-2025