Vetrivel v. State By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI IN CRL A NO. 1516 OF 2025 VETRIVEL S/o. Ramakrishnan, No.37/18, Angalamman Koil Street, Kondithope, Cholai, Chennai-600 112.

Petitioner(s) Vs State by Inspector of Police W-16, All Women Police Station, Pulianthope, Chennai-600 112. Crime No.2 of 2023 Respondent(s) PRAYER: To suspend the sentence of imprisonment imposed on the petitioner in Spl.S.C.No.148 of 2023 on the file of the learned Sessions Judge, Special Court for Exclusive trial of cases under POCSO Act, Chennai judgement dated 10.09.2025 and enlarge the petitioner on bail, pending disposal of the Criminal Appeal NO.1516 of 2025.

For Petitioner(s):

T.K.S.Gandhi

For Respondent(s):

Mr.V. Meganathan Government Advocate (Crl.Side)

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, to suspend the sentence of imprisonment imposed on the petitioner in Spl.S.C.No.148 of 2023 on the file of the learned Sessions Judge, Special Court for Exclusive trial of cases under POCSO Act, Chennai judgement dated 10.09.2025.

2. The petitioner herein is the accused in Spl.S.C.No.148 of 2023 on the file of the learned Sessions Judge, Special Court for Exclusive trial of cases under POCSO Act, Chennai. He was found guilty of the offence under Sections 6 and 10 of Protection of Children from Sexual Offence Act, and was convicted under Section 10 of POCSO Act, sentenced to rigorous imprisonment for 5 years, with a fine of Rs.1,000/- in default, to undergo simple imprisonment for 1 month, and under Section 6 of POCSO Act, found not guilty acquitted under Section 235(1) of Cr.P.C, against which, the present appeal has been filed.

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 petitioner is ready to abide the condition imposed by this Court.

4. 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, 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. Accordingly, till the disposal of the Criminal appeal, the reliefs of suspension of sentence and bail are granted on the following conditions:

(a) the petitioner is directed to deposit a sum of Rs.25,000/- (Rupees Twenty five thousand only), to the credit of Spl.SC.No.148 of 2023, on the file of the Sessions Judge, Special Court for Exclusive trial of cases under POCSO Act, Chennai, without prejudice his defence, within a period of two weeks from the date of receipt of a copy of this order.

(b) the petitioner/accused is ordered to be released on bail, on executing a 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 learned Sessions Judge, Special Court for Exclusive trial of cases under POCSO Act, Chennai (c) The petitioner/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.

(d) The petitioner shall appear before the Trial Court on every Tuesday and Saturday at 10.30 a.m., until the disposal of the Criminal 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 355 of BNSS, 2023. 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.

(e) the defacto complainant is permitted to withdraw the amount deposited by the petitioner in Spl.SC.No.148 of 2023, on the file of the Sessions Judge, Special Court for Exclusive trial of cases under POCSO Act, Chennai, on proper identification, in the manner known to law.

(f) the petitioner shall not to have any communication with the victim family.

5.

With the above directions, this Criminal Miscellaneous Petition is ordered.

26-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri

To 1.State by Inspector of Police W-16, All Women Police Station, Pulianthope, Chennai-600 112. Crime No.2 of 2023.

2. The Sessions Judge, Special Court for Exclusive trial of cases under POCSO Act, Chennai.

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

4.The Public Prosecutor, High Court of Madras.

T.V.THAMILSELVI J.

rri CRL MP No. 18266 of IN CRL A NO. 1516 OF 26-09-2025