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Madras High CourtCRL MP/22767/2025ordered

V.Velmurugan v. State By The Inspector Of Police

2025-11-28Honourable Mrs.Justice T.V.Thamilselvi10 pages

in Crl.A.No.1318 of 2025 T.V.THAMILSELVI, J.

Today, the matter is listed under the caption "for being mentioned" at the instance of the learned counsel for the petitioner.

2. The learned counsel for the petitioner submitted that in the order dated 28.11.2025 in Crl.MP.No.22767 of 2025 in Crl.A.No.1318 of 2025, in paragraph 4(c), the sentence "the petitioner shall appear before the Trial Court on the first Monday of every English Calendar month" was wrongly mentioned as "the petitioner shall appear before the Trial Court on all hearing dates".

3. In view of the above submission, the Registry is directed to carry out the necessary correction by substituting the sentence "the petitioner shall appear before the Trial Court on the first Monday of every English Calendar month" at appropriate place and issue a fresh order copy to the parties forthwith.

4. In all other respects, the order dated 28.11.2025, shall remain unaltered. 11-12-2025 pvs Internet:Yes

To The Inspector of Police All Women Police Station, Mangalamedu, Perambalur

T.V.THAMILSELVI J.

pvs 11-12-2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-11-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI AND CRL A NO. 1318 OF 2025

1. V.Velmurugan S/o.Velusamy, Pillaiyar Kovil Street, Kaikalathur village, Vepanthattai Taluk, Perambalur District Petitioner(s) Vs

1. State by the Inspector of Police All Women Police Station, Mangalamedu, Perambalur Respondent(s) PRAYER To suspend the sentence of imprisonment imposed on the petitioner in Spl SC No.66 of 2019 on the file of the Learned Session Judge, Mahila Court, Perambalur, judgment dated 17-06-2025 and enlarge the Petitioner on bail, pending disposal of the Criminal Appeal No.1318 of 2025 and thus render justice.

For Petitioner(s):

S.Nirmal Aditya L.Narasimha Varman J.Antony Jerald Prethev K For Respondent(s):

Mr.V. Meganathan, Govt Advocate

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, to suspend the sentence of imprisonment imposed on the petitioner in Spl SC No.66 of 2019 on the file of the Learned Session Judge, Mahila Court, Perambalur, judgment dated 17-06-2025 and enlarge the Petitioner on bail, pending disposal of the Criminal Appeal No.1318 of 2025

2. The petitioner herein is the accused in Spl SC No.66 of 2019 on the file of the Learned Session Judge, Mahila Court, vide order dated 17.06.2025. He was found guilt for the offence under Sections 5(l) and 6 of the Protection of Children from Sexual Offences Act, 2012 ( POCSO) Act is sentenced to undergo twenty years Rigorous imprisonment and shall pay a fine of Rs.1,0,0000/- in default to undergo two years Rigorous imprisonment. From the fine amount of Rs.50,000/- will be given as compensation to the victim girl. Further he was convicted under Sections 5(j)(ii) and 6 of the Protection of Children from Sexual Offences Act, 2012 ( POCSO) Act is sentenced to undergo twenty years rigorous imprisonment and shall pay a fine of Rs.1,00,000/- in default to undergo two years rigorous imprisonment. From the fine amount of Rs.50,000/- will be given as compensation to victim girl. The period of sentenced for both the offence will run concurrently. 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 married the victim girl and they are living together happily and 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 Session Judge, Mahila Court, Perambalur,.

(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 all hearing dates 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.

28-11-2025 smn Index:Yes/No Speaking/Non-speaking order Internet:Yes To.

1. The Learned Session Judge, Mahila Court, Perambalur,

2. The all Women Police Station, Mangalamedu, Perambalur 3.The superintendent, Central Prison, Trichy.

4. The Public Prosecutor, High Court, Madras

T.V.THAMILSELVI, J.

smn CRL MP No. 22767 of AND CRL A NO. 1318 OF 2025 28-11-2025