Raj Alias Ramana v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Raj @ Ramana S/o.Singaravelu ....Petitioner Vs State : Represented by The Inspector of Police, Ariyankuppam Police Station, Puducherry, Crime No.178 of 2018.

.... Respondent Prayer: Criminal Miscellaneous Petition is filed under Section 430(1) of BNSS, 2023, to suspend the sentence and enlarge on bail imposed in Spl.S.C.No.42 of 2023 dated 12.01.2024 on the file of the learned Fast Track Court Exclusively to Deal with Offences under the POCSO Act at Puducherry against the petitioner/appellant/accused, pending disposal of the above Criminal appeal.

For Petitioner(s) : Mr.Ilayaraja Kandasamy For Respondent(s) : Mr.K.S.Mohandass Addl.Public Prosecutor Assisted by Mr.A.Alexander Government Advocate 1/5

O R D E R

This criminal miscellaneous petition has been filed seeking to suspend the sentence imposed in Spl.S.C.No.42 of 2023 dated 12.01.2024 on the file of the Fast Track Court Exclusively to Deal with Offences under the POCSO Act at Puducherry against the petitioner/appellant/accused and enlarge him on bail, pending disposal of the above Criminal appeal.

2. The petitioner/ appellant who was arrayed as accused in Spl.S.C.No.42 of 2023 on the file of the Fast Track Court Exclusively to Deal with Offences under the POCSO Act at Puducherry, was found guilty and convicted and sentenced for the offences under Sections 363 IPC to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.1,000/-, in default, to undergo two months simple imprisonment; for the offence under Section 343 IPC to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.1,000/-, in default, to undergo two months simple imprisonment ; and also for the offence under Section 6 of the Protection of Children for Sexual Offences Act 2012 to undergo rigorous imprisonment for a period of ten years and 2/5

to pay a fine of Rs.2,000/-, in default, to undergo three months simple imprisonment. Now the present petition is filed to suspend the sentence and enlarge the petitioner on bail, till the disposal of the main appeal.

3. Heard both sides and perused the materials available on record.

4. Considering the facts and circumstances of the case and also considering the fact that the offences committed by the petitioner are serious in nature, this Court is not inclined to suspend the sentence at this stage and the main appeal will be taken up for consideration. Hence, the miscellaneous petition is dismissed.

06.02.2025 Index : Yes/No Speaking Order : Yes/No ms 3/5

To

1. The Sessions Judge, Fast Track Court Exclusively to Deal with Offences under the POCSO Act at Puducherry

2. The Inspector of Police, Ariyankuppam Police Station, Puducherry.

3. The Superintendent of Prison, Central Prison, Puzhal-I, Chennai.

4. The Public Prosecutor, High Court, Madras.

4/5

P.VELMURUGAN, J ms 06.02.2025 (2/2) 5/5