Praveen v. State Rep By Its The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL MP NO. 16875 OF 2025 IN CRL A No. 1427 of 2025

1. PRAVEEN S/o.Baskar, Marriyamman Koil Street, Gowthampettai, Kaspa, Gudiyatham,Vellore District Appellant(s) Vs

1. State rep by its The Inspector of Police Gudiyatham Town Police Station, Vellore Cr.No.241/2013 Respondent(s) PRAYER To call for the records pertaining to the Judgement dated 11.08.2025 rendered by the learned Special Court POCSO 2012, Vellore District in Spl.S.C.No.101 of 2023 and setaside the same and further to set the appellants at liberty

CRL MP No. 16875 of 2025 PRAYER To suspend the sentence order of sentence judgement dated 11.08.2025 rendered by the Learned Special Court POCSO 2012, Vellore, Vellore District in Spl.S.C.No.101 of 2023 and to enlarge the petitioner on bail pending disposal of the main Criminal Appeal For Appellant(s):

P.G.Thiyagu K.Siva A.Kanshkar For Respondent(s):

Mr.S. Meganathan, Government Advocate (Crl side)

ORDER

This petition has been filed to suspend the sentence order of sentence judgement dated 11.08.2025 rendered by the Learned Special Court POCSO 2012, Vellore, Vellore District in Spl.S.C.No.101 of 2023 and to enlarge the petitioner on bail pending disposal of the main Criminal Appeal.

2. The Trial Court found that the charges under sections 354 IPC and 11 (iv) r/w 12 of POCSO Act were not proved, but the petitioner still convicted under Section 341 & 506(ii) IPC.

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 petitioners are ready to abide the condition imposed by this Court.

4.

Per contra, the learned Government Advocate (Criminal Side) 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.

6.

Considering the facts and circumstances of the case coupled with the quantum of punishment imposed upon the petitioners, also by considering

the submissions of the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent police, 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.

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 are granted on the following conditions: (a) The petitioner i ordered to be released on bail, on their executing a separate 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 Special Court ( Prevention of Children from Sexual Offences - 2012), Vellore, Vellore District. (b) The petitioners/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 petitioners shall appear before the Trial Court on the first working day of every English Calendar month at 10.30 a.m.,

until the disposal of the Criminal Appeal and if there are not able to appear before the trial Court on any day, they 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.

10-09-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes

To

1. The Special Court ( Prevention of Children from Sexual Offences - 2012), Vellore, Vellore District.

2. The Public Prosecutor, High Court, Madras.

T.V.THAMILSELVI J.

CRL MP NO. 16875 OF IN CRL A No. 1427 of 10-09-2025