Ravichandran @ Raju v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-10-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL MP NO. 18555 OF 2025 IN CRL A No. 1533 of 2025

1. RAvichandran @ Raju S/o.Subramani, No.3/430 , Vetri Nagar, Kerada Mattam, Kodanandu Post, Kothagiri Nilgiris District Appellant(s) Vs

1. State rep by the Inspector of Police All Women Police Station, Coonur, Nilgiris District Cr.No.07/2023 Respondent(s) CRL MP No. 18555 of 2025 PRAYER To suspend the sentence made in Spl.S.C.No.60/2023 on the file of the Learned Mahila Court FTMC, Udhagamandalam and enlarge the petitioner on bail For Appellant(s):

W.Camyles Gandhi J.Jayan

For Respondent(s):

Public Prosecutor

ORDER

This petition has been filed to suspend the sentence made in Spl.S.C.No.60/2023 on the file of the Learned Mahila Court FTMC, Udhagamandalam and enlarge the petitioner on bail.

2. The petitioner herein was convicted by the Learned Mahila Court FTMC, Udhagamandalam, in Spl.S.C.No.60/2023 for the offence under Sections 7 r/w 8 of POCSO Act and 341 IPC and sentenced him to undergo 5 years Imprisonment and to pay a fine of Rs.10,000/-, in default, to undergo 3 months Simple Imprisonment and one month Simple Imprisonment for the offence under Section 341 IPC and to pay a fine of Rs.500/-, in default, to undergo 3 months Simple Imprisonment. Aggrieved over the same, the appellant this appeal along with miscellaneous petition.

3. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case as if he touched the private parts in upper body of the victim girl. Further, the learned counsel for the petitioner/accused would submit that there are arguable points available in the Criminal Appeal

and the petitioners/accused have 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 petitioners are 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. In fact, the petitioner has not paid fine amount. 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 petitioners, also by considering the submissions of the learned counsel for the petitioners 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/accused is ordered to be released on bail, on their executing a separate 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 Mahila Court FTMC, Udhagamandalam. Further, the petitioner shall not have any communication with the victim girl.

(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 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. If the compensation is not paid to the victim, the Secretary, Legal Service Authority, Nilgiris, is directed to take steps to get compensation from the Government within a period of 12 weeks from the date of receipt of a copy of this order 8.

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

30-10-2025 Pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The Mahila Court FTMC, Udhagamandalam.

2. The Central Prison, Coimbatore.

3. The Public Prosecurtor, High Court, Madras.

4. The Mahila Court FTMC, Udhagamandalam.

T.V.THAMILSELVI J.

pbl CRL MP NO. 18555 OF IN CRL A No. 1533 of 30-10-2025