Sanniyasi v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2022

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Crl.M.P.No.19676 of 2022 in Crl.A.No.1299 of 2022 Sanniyasi ...

petitioner /vs/ State, represented by the Inspector of Police, Varanjaram Police Station, Kallakurichi District.

.. Respondent Prayer : Criminal Miscellaneous Petition filed under section 389(1) of Cr.P.C., to enlarge the petitioner on bail by suspending the sentence imposed upon the petitioner by the learned Sessions Judge, Special Court for Exclusive Trial of cases under POCSO Act, Villupuram, by order dated 28.10.2022 in Special S.C.No.184 f 2019.

For petitioner ... Mr.V. Gunasekar For Respondent ... Mr.C.E.Pratap, GA (crl.side)

ORDER

This Criminal Miscellaneous Petition has been preferred seeking to enlarge the petitioner on bail by suspending the sentence imposed upon the petitioner by the learned Sessions Judge, Special Court for Exclusive Trial of cases under POCSO Act, Villupuram, by order dated 28.10.2022 in Special 1/5

S.C.No.184 f 2019.

2. The petitioner, who is the sole accused in S.C.No.184 of 2019, was convicted and sentenced by the Sessions Judge, Special Court for Exclusive Trial of cases under POCSO Act, Villupuram petitioner's Rank Provision under which convicted Sentence single Accused Sec.9(m) r/w.10 of POCSO Act.

To undergo 5 years RI and a fine of Rs.5000/-, in default of payment of fine, to undergo 3 months SI.

Apart from the above, the trial Court has directed the accused to pay a compensation of Rs.25,000/- to the victim girl as per section 33(8) of POCSO Act and the same was ordered to be paid to victim girl after appeal period is over.

3. Aggrieved over the same, the petitioner has preferred the present criminal appeal along with the instant miscellaneous petition, seeking suspension of sentence.

4. The learned counsel for the petitioner submitted that there are arguable points in this appeal and the petitioner has a good and fair chance of success in this appeal. He would further submit that the petitioner has already 2/5

paid the fine amount and he is now confined in prison. Thus, he prayed for suspension of sentence imposed on the petitioner till the disposal of this Criminal appeal.

5. Heard the learned Govt. Advocate (crl.side) appearing for the State.

6. The petitioner has raised substantial grounds in the appeal which require detailed appraisal. Further, the appeal is not likely to be taken up in the near future. In such view of the matter, this Court is of the view that the petitioner is entitled to the relief of suspension of sentence and bail. 7.Accordingly, the relief of suspension of sentence alone is granted on the following conditions:

(i) The petitioner shall execute a bond for a sum of Rs.10,000/-(Rupees ten thousand only) along with two sureties, each, for a likesum to the satisfaction of the Sessions Judge, Special Court for Exclusive Trial of cases under POCSO Act, Villupuram.

(ii) The petitioner and the sureties shall affix their photograph and Left Thumb Impression in the bond and the Trial Court may obtain a copy of his Aadhar card or Bank pass Book to ensure his identity.

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(iii) The petitioner shall appear before the trial Court as and when required.

22.12.2022 msr To

1. The Sessions Judge, Special Court for Exclusive Trial of cases under POCSO Act, Villupuram.

2. The Superintendent, Central Prison, Cuddalore.

3. The Inspector of Police, Varanjaram Police Station, Kallakurichi District.

4. The Public Prosecutor High Court, Madras V.SIVAGNANAM, J.

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msr Crl.M.P.No.19676 of 2022 in Crl.A.No.1299 of 2022 22.12.2022 5/5