Muthusamy v. State By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-01-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL.M.P.NO.17645 OF 2024 in CRL A.No.1550 of 2024 MUTHUSAMY S/o.Nagarajan, 438, Police Colony, Papparapatti, Dharmapuri District.
Appellant(s) Vs State By The Inspector Of Police, Awps Pennagaram, Dharmapuri District.
Cr.No.4/2022 Respondent(s) For Appellant(s) : Mr.N.Sudharsan For Respondent(s): Dr.C.E.Pratap, Govt Advocate (crl Side)
ORDER
This Criminal Miscellaneous Petition has been filed to suspend the conviction and sentence imposed on the petitioner by the learned Special Court for the exclusive trial of POCSO Act cases, Dharmapuri District dated 18.11.2024 in Spl.S.C.No.214 of 2023 and enlarge him on bail, pending disposal of the above appeal.
2. The case of the prosecution is that the victim child was studying VI
standard in a school in which the petitioner was working as a Headmaster; that on 21.03.2022 at about 10.00 hours, the petitioner called the victim to his office room, hugged her and kissed her on her lips.
3. The petitioner/accused in Spl.S.C.No.214 of 2023 was convicted by the Trial Court and sentenced to undergo Five years Rigorous Imprisonment with fine of Rs.10000/- for the offences u/s 9(f), 9(l), 9(m) r/w 10 of POCSO Act and in default of pay of fine, to undergo simple imprisonment for six months. Aggrieved by the same, the petitioner/accused filed Crl.A.No.1550 of 2024 along with the instant miscellaneous petition seeking suspension of sentence and bail.
4. The learned counsel for the petitioner would submit that the conviction is based on the sole testimony of the victim; that the petitioner has raised several arguable points in the above appeal; that during trial the petitioner was in custody for three months and is now in custody from 18.11.2024 and prayed for suspension of sentence.
5. Heard the learned Govt. Advocate (crl.side) and perused the counter affidavit filed by the State.
6. Considering the fact that the petitioner has raised substantial grounds in the above appeal which requires consideration ; that the appeal is not likely to be taken up in the near future and the fact that the petitioner is in custody from 18.11.2024 and was in custody during trial for a period of three months, this Court is inclined to grant the relief of suspension of sentence to the petitioner.
7. Accordingly, this criminal miscellaneous petition stands allowed and the sentence imposed on the petitioner is suspended and the petitioner is ordered to be released on bail on the following conditions: (i) The petitioner shall execute a bond for a sum of Rs.10,000/-, with two sureties, each for a like sum to the satisfaction of the learned Special Court for the exclusive trial of POCSO Act cases, Dharmapuri District ;
(ii)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; and
(iii)The petitioner shall appear before the trial Court on the first working day of every month 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 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.
10.01.2025 rgr Issue order copy by 13.01.2025 Upload the order copy forthwith.
To 1.The Special Court for the exclusive trial of POCSO Act cases, Dharmapuri District.
2.The Inspector Of Police, All Women Police Station, Pennagaram, Dharmapuri District..
3.The Superintendent Central Prison, Salem.
4.The Public Prosecutor, High Court, Madras.
SUNDER MOHAN, J.
rgr CRL.M.P.NO.17645 OF 2024 in CRL A.No.1550 of 2024 10.01.2025