Selvakumar @ Selvam v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-11-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL MP NO. 20831 OF 2025 in CRL A No. 1715 of 2025

1. Selvakumar @ Selvam S/o.Rajendiran, No.3/161, Indra Nagar, Karasamangalam Village, Katpadi Taluk, Vellore District.

Appellant(s) Vs

1. The State Rep by, The Inspector of Police, Katpadi Police Station, Vellore District.

Cr.No.312/2017.

Respondent(s) PRAYER: To suspend the sentence imposed in Spl.SC No.64/2018 on the file of the Special Court for the Exclusive trial of POCSO Act Cases at Vellore, Vellore District vide order dated 27.05.2025, pending disposal of the Criminal Appeal.

CRL A No. 1715 of 2025 For Appellant(s):

M.Sathish Kumar S.Raja Ravi Varma D.Ajith Kumar B.Karthik K.Sathish Kumar For Respondent(s):

Mr.V. Meganathan, Govt Advocate

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, to Suspend the sentence imposed in Spl.SC No.64 of 2018 on the file of the Special Court for the Exclusive trial of POCSO Act Cases at Vellore, Vellore District pending disposal of the above Criminal Appeal.

2. The petitioner herein is the accused in Spl.SC No.64 of 2018 on the file of the Special Court for the Exclusive trial of POCSO Act Cases at Vellore, Vellore District. He was found guilty of the offence under Sections 5(i) r/w section 6 of POCSO Act for 10 years Rigorous imprisonment and fine of Rs.20,000/- in default two years Rigorous imprisonment r/w Section 366 of IPC for 10 years Rigorous imprisonment and fine of Rs.20,000/- in default two years Rigorous imprisonment and Section 9 of Prohibition of Child marriage Act for 2 years rigorous imprisonment and fine of Rs.10,000/- in default six months rigorous imprisonment, against which, the present Criminal 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/- (Rupees fifty thousand only), to the credit of Spl.SC No.64 of 2018 on the file of the Special Court for the Exclusive trial of POCSO Act Cases at Vellore, Vellore District without prejudice his defence, within a period of three 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, in which one surety must be a blood related surety, each for a like sum to the satisfaction of the learned Special Court for the Exclusive trial of POCSO Act Cases at Vellore, Vellore District (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 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.64 of 2018 on the file of the Special Court for the Exclusive trial of POCSO Act Cases at Vellore, Vellore District, 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.

07-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes To.

1. The Special Court for the Exclusive trial of POCSO Act Cases at Vellore, Vellore District

2. The Inspector of Police, Katpadi Police Station, Vellore District.

3. The superintendent, Central Prison, Vellore, Vellore District

T.V.THAMILSELVI, J.

smn CRL MP NO. 20831 OF 2025 in CRL A No. 1715 of 2025 07-11-2025 (2/2)