Rajkumar v. The State By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.08.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN in Crl.A.No.1311 of 2025 Rajkumar .....

Petitioner/Appellant Vs The State by Inspector of Police All Women Police Station Central Coimbatore Crime No.12 of 2022 .....

Respondents PRAYER: Criminal Miscellaneous Petition filed under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to suspend the sentence imposed on him by the Learned Sessions Judge, Magalir Neethi Mandram/Additional Special Court for Exclusive trial of cases under POCSO, Coimbatore made in SC No.13/2023 by its judgment dated 30.07.2025 and enlarge the petitioner on bail pending disposal of the above Appeal.

For Petitioners : Mr. M.Ragul Kousik For Respondent : Mr.S.Raja Kumar Additional Public Prosecutor Page No.1 of 6

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed by the learned Sessions Judge, Magalir Neethi Mandram/Additional Special Court for Exclusive trial of cases under POCSO, Coimbatore dated 30.07.2025 in SC No.13/2023 and release the petitioner on bail pending disposal of the above appeal.

2.

The petitioner, who is an accused in SC No.13/2023, was convicted and sentenced by the learned Sessions Judge, Magalir Neethi Mandram/Additional Special Court for Exclusive trial of cases under POCSO, Coimbatore dated 30.07.2025, as follows: S.No Conviction under Section Sentence awarded Section 354 of IPC To undergo one year rigorous Imprisonment and fine of Rs.5000/- and in default of fine, one month simple imprisonment.

Section 323 of IPC To impose a fine of Rs.5000/- in default of fine, one month simple imprisonment.

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Aggrieved by the same, the petitioner has filed this appeal along with the present miscellaneous petition.

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 any condition to be imposed by this Court. 4.

Per contra, the learned Additional Public Prosecutor appearing for the respondent/State raised serious objection for allowing this petition. Further, he would contend that the evidences recorded from the prosecution witnesses would prove the case of the prosecution beyond reasonable doubt. According to him, interference of this Court is not necessary in the findings arrived at by the trial Court. 5.

Heard the learned counsel appearing on either side and also perused the materials placed on record.

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6.

Considering the submissions of the learned counsel for the petitioner and the leaned Additional Public Prosecutor, coupled with the quantum of punishment imposed upon the petitioner and taking into consideration the fact that 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.

7.

Accordingly, till the disposal of the Criminal Appeal, the substantive sentence of imprisonment imposed by the learned trial Judge is alone suspended and bail is granted on the following conditions: (a) The petitioner/accused is ordered to be released on bail, on his 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, Magalir Neethi Mandram/Additional Special Court for Exclusive trial of cases under POCSO, Coimbatore.

(b) The petitioner/accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety Page No.4 of 6

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 once in a month i.e, on the 1st working day of every month 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 317 Cr.P.C. 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.

8.

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

22.08.2025 Index : Yes/No : Yes/No Speaking/non-speaking order nr To

1. The learned Sessions Judge, Magalir Neethi Mandram/Additional Special Court for Exclusive trial of cases under POCSO, Coimbatore

2. The Inspector of Police All Women Police Station Central Coimbatore

3. The Public Prosecutor, High Court, Madras.

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G.K.ILANTHIRAIYAN, J.

nr 22.08.2025 Page No.6 of 6