Ponnusamy v. The State 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. 21170 of 2025 in Crl.A.No.1734 of 2025 Ponnusamy S/o Mailsamy Petitioner(s) Vs The Inspector of Police, All Women Police Station Pollachi, Coimbatore District ( Crime No.3/2020) Respondent(s) PRAYER To suspend the sentence imposed in Spl.S.C.No.58 of 2020 on the file of the Principal Special Court for Exclusive Trial of cases under POCSO Act, Coimbatore and release the petitioner on bail till the disposal of the above appeal.
For Petitioner(s):
P. Pugalenthi 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.S.C.No.58 of 2020 on the file of the Principal Special Court for Exclusive Trial of cases under POCSO Act, Coimbatore and enlarge the petitioner on bail pending disposal of the above appeal.
2. The petitioner herein is the accused in Spl.S.C.No.58 of 2020 on the file of the Principal Special Court for Exclusive Trial of cases under POCSO Act, Coimbatore. He was convicted u/s 9(m),9(n) r/w 10 of POCSO Act, 2012 and sentenced to 5 years R.I and to pay a fine of Rs.5,000/- for each count in default to undergo one year S.I. 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/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 Special Court for Exclusive Trial of cases under POCSO Act, Coimbatore (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 learned Principal Special Court for Exclusive Trial of cases under POCSO Act, Coimbatore
2. The Superintendent, Central Prison, Coimbatore
3. The Inspector of Police, All Women Police Station Pollachi, Coimbatore District
4. . The Public Prosecutor, High Court, Madras
T.V.THAMILSELVI, J.
smn CRL MP No. 21170 of 2025 in Crl.A.No.1734 of 11-11-2025