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Madras High CourtCRL MP/17564/2025ordered

Rajendhran v. State Rep By The Inspector Of Police

2025-09-22Honourable Mrs.Justice T.V.Thamilselvi5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL MP NO. 17564 OF 2025 IN

1. RAJENDHRAN S/o.Kulandai, No.4/35, Pungamarathu Street, Harur Main Road, Sukkampatti, Salem District Appellant(s) Vs

1. State rep by the Inspector of Police All Women Police station, Ammapet, Salem City Cr.No.3/2021 Respondent(s) PRAYER To Suspend the sentence imposed against the petitioner in Spl.SC.No.130/2021 on the file of the Learned Sessions Judge, principal POCSO Court, Salem, Salem District in dated 28.03.2025 and enlarge the petitioner on bail pending disposal of the said Crl.A.No.1471/2025 on the file of this Honourable Court. For Appellant(s):

E.Kannadasan

Thulasi R S.Priyadharshini A.Ajay T.Madhanraj P.Agnes Samantha Ophile For Respondent(s):

Mr. V. Meganathan Government Advocate Crl. Side.

ORDER

This petition has been filed to Suspend the sentence imposed against the petitioner in Spl.SC.No.130/2021 on the file of the Learned Sessions Judge, principal POCSO Court, Salem, Salem District in dated 28.03.2025 and enlarge the petitioner on bail.

2. The learned counsel for the petitioner submits that the petitioner is aged about 50 years and in fact they were neighbours already there was previous motive between the victim family and the petitioner, due to which, false case foisted against the petitioner as if he committed sexual assault against the victim and thereafter he was convicted by the Trial Court and sentced him to undergo Rigorous Imprisonment for 7 years and imposed fine of Rs.1000/-, in default, he has to undergo additional rigorous imprisonment for one year. Further, the submits that before trial he was under the judicial custody for six

months and thereafter he availed bail. Further, he submits that the medical report supporting the defence but it was not appreciated by the Trial Court. 3.

Considering the fact that the petitioner was in jail for the past six months and he has no bad antecedents and he is surviving with family. Hence, this Court is inclined to suspend the sentence imposed on the petitioner with the following conditions. Accordingly, till the disposal of the appeal, the reliefs of suspension of sentence and bail are granted on the following conditions: (i) the petitioner shall not have any communication with victim.

(ii) the sentence of imprisonment alone, imposed on the petitioner/accused, shall be suspended, on his execution of a bond for a sum of Rs.25,000/- with two sureties, each for a likesum to the satisfaction of the trial court; (iii) The petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank pass Book and mobile numbers to ensure their identity;

(iv) The petitioner shall appear before the Trial Court on every Friday at 10.30 a.m., until the disposal of the 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;

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

22-09-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The Special Court (Protection of Children from Sexual Offence Act 2012) Salem, Salem District.

2. The Central Prison, Salem.

3. The Public Prosecutor, High Court, Madras.

T.V.THAMILSELVI J.

AND CRL MP NO.

17564 OF 2025 22-09-2025