Janakiraman v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-10-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL MP NO. 17754 OF 2025 IN CRL A NO. 621 OF 2025

1. JANAKIRAMAN S/O Krishnamoorthy, No.53, Sivan Koil Street, Kayathur, Vikkaravandi PSL, Villupuram District.

Appellant(s) Vs

1. The State Rep By, The Inspector of Police Thirukkanur Circle, Puducherry. Crime No.92 of 2019.

Respondent(s) CRL MP No. 17754 of 2025 PRAYER To suspend the sentence and conviction imposed on the petitioner by the Honorable Fast Track Court Eclusively to deal with offences under the POCSO Act at Puducherry in Special Sessions Case No. 46 of 2023 by Judgment dated 21.02.2025 and enlarge the petitioner on bail pending disposal of the above Criminal Appeal.

CRL MP No. 19436 of 2025 For Petitioner(s):

M/s.C.D.Modhi K.Arunagiri S.K.Mohamed Arif For Respondent(s):

Public Prosecutor

ORDER

This petition has been filed to suspend the sentence and conviction imposed on the petitioner by the Fast Track Court Exclusively to deal with offences under the POCSO Act at Puducherry in Special Sessions Case No. 46 of 2023 by Judgement dated 21.02.2025 and enlarge the petitioner on bail pending disposal of the above Criminal Appeal.

2. The petitioner herein is the accused in Special Sessions Case No. 46 of 2023 on the file of the Fast Track Court Exclusively to deal with offences under the POCSO Act at Puducherry. The petitioner herein was convicted for the offence under Section 9 of Prohibition of Child Marriage Act 2006, and sentenced to Rigorous Imprisonment for 2 years and fined Rs.10,000/-, in default to undergo Simple Imprisonment for one month, sentenced to 20 years imprisonment for the offence under Section 6 of POCSO Act r/w 376(3)IPC and

imposed Rs.10,000/- fine, in default, to undergo 3 months Simple Imprisonment. Aggrieved over the same, the appellant filed the appeal and this petition to suspend the petition.

3. The learned counsel for the petitioner/accused would submit that as on date victim got married and begotten two child and 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 petitioners/accused may be suspended. He would submit that the petitioner is 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 petitioner, also by considering the submissions of the learned counsel for the petitioner 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 is ordered to be released on bail on executing his own bond for a sum of Rs.10,000/- (Rupees ten thousand only), before the Superintendent of the concerned prison, in which the petitioner has been confined and thereafter on his release;

[b] the petitioner shall execute two sureties each like sum for a sum of Rs.10,000/- (Rupees Ten Thousand only), before Trial Court, within 15 days from the date of his release. [c] the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(d) The petitioner 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.

17-10-2025 Pbl

To

1. The Fast Track Court Exclusively to deal with offences under the POCSO Act at Puducherry.

2. The Central Prison, Puducherry.

3. The Public Prosecutor, High Court, Madras.

4. The Inspector of Police, Thirukkanur Circle, Puducherry.

T.V.THAMILSELVI J.

pbl CRL MP NO. 17754 OF IN CRL A NO. 621 OF 2025 17-10-2025