P.Anandhan v. State Rep By The Inspector Of Police, Cuddalore
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-10-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI in Crl.A.No.469 of 2023
1. P.Anandhan S/O. Pichaimuthu, Sarvothya Nagar, Kattukollai, Karunchipadi, Cuddalore District. Now Confined As Convict Prisoner Central Prison, Cuddalore.
Petitioner(s) Vs
1. State Rep By The Inspector Of Police, Cuddalore AWPS Neyveli Police Station, Cuddalore District.
Cr.No.19/2021.
Respondent(s) PRAYER Criminal Miscellaneous Petition filed under Section 482 of Cr.P.C., praying to Suspend the Sentence imposed against the petitioner on 23.08.2022 in Spl.SC.No.85/2021 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Cuddalore District and release the petitioner on bail till the disposal of the Criminal Appeal in Crl.A.No.469/2023.
For petitioner(s) Respondent(s) :Mr.P.Pugalenthi : Mr.V.Meganathan Government Advocate (Crl.Side) JUDGEMENT This Criminal Miscellaneous Petition has been filed by the petitioner, Suspend the Sentence imposed against the petitioner on 23.08.2022 in Spl.SC.No.85/2021 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Cuddalore District and release the petitioner on bail till the disposal of the Criminal Appeal in Crl.A.No.469/2023.
2. The petitioner herein is the accused in Spl.SC.No.85 of 2021, on the file of the Special Court for Exclusive Trial of cases under POCSO Act, Cuddalore. He was found guilty of the offence under Sections 450, 323, 506(i) of IPC and Sec 5(m), 5(i), 6 of POCSO Act 2012. He had convicted under section 450 of IPC and sentenced to undergo 10 years rigorous imprisonment and to pay a sum of Rs.2,000/- in default to undergo simple imprisonment for 3 months, further he had convicted under Section 506(i) of IPC and sentenced to 2 years rigorous imprisonment and to pay a sum of Rs.500/- in default to undergo
simple imprisonment for one month, and further he had convicted under Section 5(m), 5(l), 6 of POCSO Act 2012 and sentenced to 20 years rigorous imprisonment and to pay a sum of Rs.2,000/- in default to undergo simple imprisonment for 3 months, against which, the present appeal has been filed.
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. 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/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 shall be a blood related surety, each for a like sum to the satisfaction of the learned Special Court for Exclusive Trial of cases under POCSO Act, Cuddalore.
(b) 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.
(c) The petitioner shall report before the respondent police, on 1 st and 15 th day of every month at 10.30 a.m., until further orders and also shall appear before the Trial Court on every Saturday 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.
(d) the appellant shall not to have any communication, either directly or indirectly, with the victim girl.
5. With the above directions, this Criminal Miscellaneous Petition is ordered.
6. However, the District Legal Service Authority, Vellore, is directed to verify whether the victim girl, Nila, is being properly maintained by the home authorities, since, she has no parents or legal guardian, and her aunt, Lakshmi, is not maintaining cordial terms with her.
7. The Victim girl appeared before this Court along with the home supervisor. She has been residing at "Muthiyor Balar Kudumba Grama Pannai (MBKGP)", a private home, for the past one year. The sanitary condition and maintenance of the said home are also to be verified.
8. Therefore, the District legal service Authority, Vellore is directed to conduct periodical visit on convenient day, without prior information to the
home authorities, to monitor the maintenance and well-being of the victim girl. It is noted that the victim girl has already gave two complaints under the POCSO Act, and is currently residing at MBKG Pannai Village Home, Vellore.
9. If any deviation or irregularity is found, the same shall be reported before this Court. The presiding officer of the District Legal Service Authority, Vellore, is further instructed not to receive any special concession from the said home and to strictly adhere to the direction issued by this Court without any deviation.
25-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri
To 1.State Rep By The Inspector Of Police, Cuddalore AWPS Neyveli Police Station, Cuddalore District. Cr.No.19/2021.
2.The District Legal Service Authority, Vellore.
3.The Special Court for Exclusive Trial of Cases under POCSO Act, Cuddalore District.
4.The Superintendent, Central Prison, Cuddalore.
5.The Public Prosecutor, High Court of Madras, Chennai.
T.V.THAMILSELVI J.
rri CRL MP No. 18689 of 2023 in Crl.A.No.469 of 2023 25-10-2025