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Madras High CourtCRL MP/17124/2024dismissed

Ravi v. The State Rep By Its,

2025-02-06Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Ravi S/o.Thangaraj ....Petitioner Vs The State represented by Inspector of Police, W-2, All Women Police Station, Triplicane, Chennai, Crime No.1 of 2019.

.... Respondent Prayer: Criminal Miscellaneous Petition is filed under Section 430(1) of BNSS, 2023, to suspend the sentence till the disposal of the above appeal, against the judgment passed by learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Chennai dated 28.03.2024 made in Spl.S.C.No.12 of 2020 and enlarge the petitioner/appellant/accused on bail.

For Petitioner(s) : Mr.S.Chrispinraj For Respondent(s) : Ms.G.V.Kasthuri Additional Public Prosecutor 1/4

O R D E R

This criminal miscellaneous petition has been filed seeking to suspend the sentence imposed on the petitioner/appellant by the learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Chennai in Spl.S.C.No.12 of 2020 dated 28.03.2024 and enlarge him on bail, pending disposal of the above appeal.

2. The petitioner/ appellant who was arrayed as accused in Spl.S.C.No.12 of 2020 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Chennai, was found guilty and convicted and sentenced 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 to pay a fine of Rs.5,000/-, in default, to undergo one month 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 2/4

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 To

1. The Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Chennai.

2. The Inspector of Police, W-2, All Women Police Station, Triplicane, Chennai.

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

4. The Public Prosecutor, High Court, Madras.

3/4

P.VELMURUGAN, J ms 06.02.2025 (2/2) 4/4