Shanmugam v. State Through

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.06.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.14058 of 2024 in Crl.A.No.900 of 2024 Shanmugam

...Petitioner

Vs.

State through;

The Inspector of Police, W 15, All Women Police Station, Royapuram, Chennai (crime No.580 of 2014) ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 389(1) of Cr.P.C., praying to suspend the sentence imposed on him in Spl.SC.No.6 of 2023 dated 23.05.2024 passed by the learned Sessions Judge, Special Court for Trial of Cases under POCSO Act, Chennai and enlarge him on bail pending disposal of the Crl.A.No.900 of 2024. For Petitioner : Mr.T.Naveen Chandar For Respondent : Mr.S.Raja Kumar, Additional Public Prosecutor 1/4

ORDER

This Criminal Miscellaneous Petition has been filed praying to suspend the sentence imposed on the petitioner in Spl.SC.No.6 of 2023 dated 23.05.2024 passed by the learned Sessions Judge, Special Court for Trial of Cases under POCSO Act, Chennai and to enlarge him on bail pending disposal of the Crl.A.No.900 of 2024. 2.

The petitioner is the accused in Spl.SC.No.6 of 2023 on the file of the learned Sessions Judge, Special Court for Trial of Cases under POCSO Act, Chennai. By judgment dated, 23.05.2024, he has been convicted under Section 366 of IPC and Sections 6 & 12 of POCSO Act. The sentences are as follows:

S.No.

Conviction Sentence Section 366 of IPC to undergo imprisonment for a period of five years and to pay a fine of Rs.5,000/-, in default to undergo simple imprisonment for one month.

Section of POCSO Act to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.25,000/-, in default to undergo simple imprisonment for three months.

2/4

S.No.

Conviction Sentence Section 12 of POCSO Act to undergo imprisonment for a period of one year and to pay a fine of Rs.5,000/-, in default to undergo simple imprisonment for two weeks.

3.

Heard, the learned counsel appearing on either side and perused, all the materials placed before this Court. 4.

On perusal of records, this Court finds that the Trial Court has gone through the evidence in its entirety and convicted the petitioner. Further, the petitioner has committed very serious and heinous offence against the victim. Therefore, this Court is not inclined to entertain this petition.

5.

Accordingly, this criminal miscellaneous petition is dismissed. 27.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok 3/4

G.K.ILANTHIRAIYAN, J.

lok To the learned Sessions Judge, Special Court for Trial of Cases under POCSO Act, Chennai 2.The Inspector of Police, W 15, All Women Police Station, Royapuram, Chennai 3.The Pubic Prosecutor, High Court of Madras Crl.M.P.No.14058 of 2024 in Crl.A.No.900 of 2024 27.06.2025 4/4