N.Dhayalan v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-11-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL MP No. 19260 of 2025 in Crl.A.No.1258 of 2025 N. Dhayalan S/o Natrajan Petitioner(s) Vs State rep by The Inspector of Police, Ranipet All Women Police Station Ranipet District ( Crime No.05 of 2022) Respondent(s) PRAYER To suspend the sentence passed by the learned Principal District and Sessions Court- Ranipet, Ranipet District in Spl.Sc.No.40 of 2024 dated 28.07.2025 and enlarge the petitioner on bail pending disposal of the above appeal. For Petitioner(s):

R. Muthamizh Selvakumar For Respondent(s):

Mr.V.Meganathan, Govt Advocate

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, to suspend the sentence passed by the learned Principal District and Sessions Court- Ranipet, Ranipet District in Spl.Sc.No.40 of 2024 dated 28.07.2025 and enlarge the petitioner on bail pending disposal of the above appeal.

2. The petitioner herein is the accused in Spl.Sc.No.40 of 2024 on the file of the learned Principal District and Sessions Court- Ranipet, Ranipet District. The accused was convicted under Section 17 r/w 8 of POCSO Act and sentenced to undergo Rigorous imprisonment for 4 years and pay a fine amount of Rs.1,000/- in default three months rigorous imprisonment, 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.50,000/- as non refundable deposit to Ramakrishna Math, No.31, Ramakrishna Math Road, Mylapore, Chennai - 600 004.

(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, in which one surety must be a blood related surety, each for a like sum to the satisfaction of the learned Principal District and Sessions Court- Ranipet, Ranipet District (b) 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.

(c) The petitioner shall appear before the Trial Court on every Tuesday 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.

5.

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

11-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes To.

1. The Principal District and Sessions Court- Ranipet, Ranipet District

2. The Superintendent, Central Prison, Vellore

3. The Inspector of Police, Ranipet All Women Police Station Ranipet District

4. . The Public Prosecutor, High Court, Madras

T.V.THAMILSELVI, J.

smn CRL MP No. 19260 of 2025 in Crl.A.No.1258 of 11-11-2025