Dinesh v. State Rep.By, Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-11-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI AND CRL A NO. 1582 OF 2024 DINESH S/o.Shankar, D.No.18, Moongilpadi Road, Vijayapuram, Chinnasalem, Kallakukrichi, Now At 3/4, Neelikonar Veethi, Masakkalipalayam, Coimbatore.
Petitioner(s) Vs State Rep.By, Inspector Of Police Singanallur Police Station, Coimbatore City, Cr.No.1782/2020.
Respondent(s) PRAYER To suspend the sentence imposed on the petitioner /appellant by the Learned Principal Special Court for Exclusive Trail of cases under POCSO Act, Coimbatore in Spl.CC.No.87 of 2020 by judgement dated 23.08.2024 and 1/7
enlarge the petitioner/appellant on bail pending disposal of the above Criminal Appeal CRL A No. 1582 of 2024 PRAYER To call for the entire records in Spl.CC.No.87 of 2020 on the file of the learned Principal Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore, and set aside the Judgment dated 23.08.2024. For Petitioner(s):
Mr. D.Chandra Sekar For Respondent(s):
Mr.V.Meganathan, Govt. Advocate (Crl. Side)
ORDER
This Criminal Miscellaneous Petition has been filed by the petitioner seeking suspension of sentence imposed by the learned Principal Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore, in C.C.No.131 of 2021 dated 23.08.2024 and and enlarge the petitioner on bail pending disposal of the above appeal.
2.
The petitioner herein is the accused in Spl.S.C.No.12 of 2020 on the file of the learned Principal Special Court for Exclusive Trial of cases under POCSO Act, Coimbatore. He was found guilty of the offences under Section 5(1), 5(m) punishable under Sec.6 of POCSO Act and Sec.376 AB of I.P.C. he has been convicted and sentenced to undergo Rigorous Imprisonment for 20 years and to pay a fine of Rs.10,000/- in default of payment of fine, to undergo 2/7
simple imprisonment for one year. Aggrieved by the same, the petitioner had filed this appeal along with the present miscellaneous petition. 3.
The learned counsel for the petitioner/accused would submit that he has been falsely implicated in this case as if he had committed sexual assault to the victim girl, but in fact he has not committed any offence as alleged against him. He would submit that he is in custody from the date of judgment i.e. on 23.08.2024 for more than 14 months. He would also 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.
Per contra, the learned Government Advocate (Criminal Side) appearing for the respondent/State raised serious objection for allowing this petition and contended that the petitioner is a married man and both the victim girl and the petitioner were living in the same locality. Further, he would contend that he has no bad antecedents and 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. 3/7
5.
Heard the learned counsel appearing on either side and also perused the materials placed on record.
6.
On seeing the facts, it reveals that both the victim and the petitioner were belong to same locality and he is a married man and having family, due to his incarceration, his family is starving for their livelihood and he is in custody from the date of judgment i.e. on 23.08.2024 for more than 14 months and he has no bad antecedents. Considering that and 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/- 4/7
(Rupees Twenty Five Thousand only) with two sureties each, in which one surety must be a blood surety, for a like sum to the satisfaction of the learned 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 respondent police on every Saturday at 10.30 a.m. for the period of three months and he shall also 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 he shall not have any communication with the victim girl and her family 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 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.
21-11-2025 5/7
Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp To
1. Principal Special Court for Exclusive Trial of cases under POCSO Act, Coimbatore.
2. Inspector Of Police Singanallur Police Station, Coimbatore City.
3.The Superintendent of Prison, Central Prison, Coimbatore. 4.The Public Prosecutor, High Court, Madras.
6/7
T.V.THAMILSELVI J.
rpp CRL MP No. 20319 of AND CRL A NO. 1582 OF 2024 21-11-2025 7/7