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Madras High CourtCRL MP(MD)/6815/2025allowed

Selvi v. State Of Tamilnadu Rep By Inspector Of Police, Dindigul

2025-12-05Honourable Mr Justice G.K. Ilanthiraiyan,Honourable Ms.Justice R. Poornima4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.12.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CRL.MP(MD) No.6815 of 2025 in Crl.A(MD)No.621 of 2025 Selvi : Petitioner/A2 Vs.

The State of Tamil Nadu by the Inspector of Police, All Women Police Station, Nilakottai, Dindigul District. : Respondent Prayer : Petition filed under Section 430(2) r/w 483 of BNSS to suspend the sentence in special S.C.No.90 of 2023, dated 16.05.2025, on the file of the Special Court (POCSO Act), Dindigul, pending disposal of the above Criminal Appeal.

For Petitioner : Mr.D.Venkatesh For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

O R D E R

[Order of the Court was made by G.K.ILANTHIRAIYAN, J.] Seeking to suspend the sentence imposed on the petitioner by the Special Court (POCS)) Act, Dindigul, vide Judgment dated 16/05/2025 in Special S.C.No.90 of 2023, she has filed this Criminal Miscellaneous Petition.

2.The petitioner/A2 stands convicted and sentenced as under:- Section of Law Sentence of imprisonment Fine amount 363 r/w 109 IPC 7 Years RI Rs.10,000/-, in default to undergo 6 months SI.

3.Heard the learned counsel on either side and perused the materials available on record.

4.Considering the facts and circumstances of the case and the period of incarceration and also considering the fact that there are arguable points involved in this criminal appeal and further the criminal appeal is not

likely to be taken up for final hearing in the near future, this criminal miscellaneous petition is allowed and the substantive sentence of imprisonment alone is suspended subject to the following conditions:- i. The petitioner is directed to be enlarged on bail on executing a bond for Rs.10,000/- (Rupees Ten thousand only) with two sureties, each for a like sum to the satisfaction of the learned Special Court (POCSO Act), Dindigul;

ii. The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Trial Court may obtain a copy of their Aadhar card or Bank passbook to ensure their identity. iii. The petitioner shall appear and sign before the trial Court on the first working day of every English calender month at 10.30 a.m., till the disposal of the Criminal Appeal. [G.K.I., J.] & [R.P., J.] 05.12.2025 NCC : Yes / No Index : Yes / No er

G.K.ILANTHIRAIYAN , J.

AND R.POORNIMA, J .

er To, 1.The Special Court (POCSO Act), Dindigul.

2.The Inspector of Police, All Women Police Station, Nilakottai, Dindigul.

3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

4.The Superintendent, Special Prison for Women, Madurai.

CRL.MP(MD) No.6815 of 2025 in Crl.A(MD)No.621 of 2025 05.12.2025