A.Appas v. The State Represented By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-11-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI AND CRL A NO. 1607 OF 2024

1. A.Appas S/O.Akbar, 9th Street, Amber Nitting Compound, Periyathottam, Tiruppur District.

Petitioner(s) Vs

1. The state represented by, the inspector of police, All women police station, palladam, Tiruppur district. In crime number.09/2021 Respondent(s) CRL A No. 1607 of 2024

1. A.Appas S/o.Akbar, 9th Street, Amber Nitting Compound, Periyathottam, Tiruppur District.

Appellant(s)

Vs

1. The State Represented By, The Inspector Of Police, All Women Police Station, Palladam, Tiruppur District. In Crime Number.09/2021 Respondent(s) PRAYER To suspend the sentence imposed against the petitioner on 26.06.2024 in Spl.S.C.No.117 of 2021 on the file of the Learned Sessions Court, Mahalir Neethimandram, Fast Track Mahila Court, Tiruppur and release the petitioner on bail till the disposal of the Criminal Appeal For Petitioner(s):

M/s. P.Pugalenthi K.Sakthivel For Respondent(s):

Mr.V. Meganathan, Govt Advocate

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, to suspend the sentence imposed against the petitioner on 26.06.2024 in Spl.S.C.No.117 of 2021 on the file of the Learned Sessions Court, Mahalir Neethimandram, Fast Track Mahila Court, Tiruppur and release the petitioner

on bail till the disposal of the Criminal Appeal

2. The petitioner herein is the accused in Spl.S.C.No.117 of 2021 on the file of the Learned Sessions Court, Mahalir Neethimandram, Fast Track Mahila Court, Tiruppur. He was convicted under Sections 5(1) r/w 6 of POCSO Act and 506(i) of IPC and sentenced to undergo 20 years rigorous imprisonment and to pay a fine of Rs.5,000/- in default, further to undergo simple imprisonment for a period of 3 months for the offence punishable u/s 5(n) r/w 6 of POCSO Act and to undergo 10 years rigorous imprisonment and to pay a fine of Rs.5,000/- in default, further to undergo simple imprisonment for a period of 3 months for the offence punishable u/s 449 of IPC. The sentences are ordered to run concurrently. 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/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 each for a like sum to the satisfaction of the the Learned Sessions Court, Mahalir Neethimandram, Fast Track Mahila Court, Tiruppur. (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.

27-11-2025 smn Index:Yes/No Speaking/Non-speaking order Internet:Yes To.

1. The Learned Sessions Court, Mahalir Neethimandram, Fast Track Mahila Court, Tiruppur.

2. The Inspector of Police, All women police station, Palladam, Tiruppur District

3. The Superintendent, Central Prison, Coimbatore

T.V.THAMILSELVI, J.

smn CRL MP No. 22752 of AND CRL A NO. 1607 OF 2024 27-11-2025