Murugan Alias Murugesan v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-11-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL MP NO. 19684 OF 2025 IN

1. Murugan Alias Murugesan S/o.Dhamotharan, No.57/77, Old Sungam, Trichy Road, Gandhipuram, Coimbatore. (Now confined in the Central Prison, Coimbatore) Appellant(s) Vs

1. State By The Inspector of Police, Pothanur Police Station, Coimbatore District.

Cr.No.326/2018 Respondent(s) CRL MP No. 19684 of 2025

1. Murugan Alias Murugesan S/o.Dhamotharan, No.57/77, Old Sungam, Trichy Road, Gandhipuram, Coimbatore. (Now confined in the Central Prison, Coimbatore) Petitioner(s) Vs

1. State By The Inspector of Police, Pothanur Police Station, Coimbatore District.

Cr.No.326/2018

Respondent(s) CRL MP No. 19684 of 2025 PRAYER To suspend the sentence imposed against the petitioner on 30.6.2025 in SPL.C.C.No.49 of 2019 on the file of the Sessions Court, Principal Special Court for POCSO Act, Coimbatore and release the petitioner on bail till the disposal of the Criminal Appeal and thus render justice. For Appellant(s):

P.Pugalenthi G.Muralidharan For Respondent(s):

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

ORDER

This petition has been filed to suspend the sentence imposed against the petitioner on 30.6.2025 in SPL.C.C.No.49 of 2019 on the file of the Sessions Court, Principal Special Court for POCSO Act, Coimbatore and release the petitioner on bail till the disposal of the Criminal Appeal. 2.

The petitioner herein is the accused in SPL.C.C.No.49 of 2019 on the file of the learned Sessions Court, Principal Special Court for POCSO Act, Coimbatore. He was found guilty of the offences under Section 341, 366 IPC and Section 5(l)r/w 6 of POCSO Act and he has been convicted and sentenced as under:

S.No.

Conviction Sentence Section 5(l)r/w 6 of POCSO Act to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs.20,000/-, in

S.No.

Conviction Sentence default to undergo simple imprisonment for one year.

Aggrieved by the same, the petitioner has filed this appeal along with the present miscellaneous petition.

3.

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 petitioner/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/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 Sessions Court, Principal Special Court for POCSO Act, Coimbatore. The petitioner has caused mental agony to the victim's family, hence, the petitioner shall deposit a sum of Rs. 50,000/- within a period of two weeks from the date of his release and victim's mother is permitted to withdraw the same.

(b) The petitioners/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 petitioners shall appear before the Trial Court on every Tuesday 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.

25-11-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The Sessions Court, Principal Special Court for POCSO Act, Coimbatore.

2. The Inspector of Police, Pothanur Police Station, Coimbatore District.

3. The Central Prison, Coimbatore.

4. The Public Prosecutor, High Court, Madras.

T.V.THAMILSELVI J.

pbl CRL MP NO. 19684 OF IN 25-11-2025