Algees Amalraj v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.07.2025
CORAM
THE HONOURABLE Dr.JUSTICE R.N.MANJULA IN CRL A(MD) NO.750 OF 2025 Algees Amalraj Petitioner(s) Vs State Represented through The Inspector of Police, Veeravanallur Police Station, Tirunelveli District.
(Crime No.35 of 2018) Respondent(s) For Petitioner(s):
Mr.V.Kathiravan, senior counsel for Mr.J.Parekh Kumar For Respondent(s):
Mr.A.Albert James Government Advocate (Crl. Side) PRAYER:
This Petition is filed under Section 430(1) of BNSS praying to suspend the execution of sentence by granting bail in Spl.C.C.No.72/2019 dated 16.06.2025 on the file of the learned Sessions Judge, Special Court for POCSO Act Cases, Tirunelveli District pending disposal of the above Criminal Appeal. 1/4
ORDER
The Criminal Miscellaneous Petition is filed to suspend the sentence imposed by the learned Sessions Judge, Special Court for POCSO Act Cases, Tirunelveli District, dated 16.06.2025 in Spl.C.C.No.72/2019 till the disposal of appeal. 2.The petitioner / appellant is the sole accused, who has been convicted and sentenced in the following manner:
Rank of the Accused Charges framed Conviction Punishment 354 A (1)(iv) IPC - 3 months RI 509 (2 counts) IPC - 3 months RI each 11(i) r/w 12 POCSO - 1 year RI with Rs.10,000/- fine, in default 3 months RI.
u/s. 12 and 10 of POCSO and Sec 506(i), 354A (1)(iv) (7 counts), 294(b) IPC and Sec. 4 of TNPWH Act u/s 354 A (1) (iv) IPC, 509 IPC (2 counts), u/s.11(i) r/w 12 POCSO and Sec. 4 of TNPWH Act Sole Accused 3.The learned counsel for the petitioner / accused submitted that the accused, who is the Teacher of PW3 - victim child has playfully teased his students and he did not have any sexual intention. It is further submitted that the victim has stated in her 2/4
evidence that the accused told her that he would marry her by divorcing his wife and that statement was made in front of other students and hence, the intention of accused cannot be sexual; the accused was having the habit of interacting with the Students in a playful manner and that was misconstrued by the defacto complainant. 4.On perusal of the Judgment, the learned Sessions Judge had extracted the statements given by the students including the victim and dealt the matter at length. As there is no possibility of taking up the appeal within a short period and also taking into consideration of the fact that the sentence imposed against the petitioner has already been suspended by the Trial Court till 15.07.
2025 and also the grounds made out to admit this appeal and also considering the fact that the accused has been making his appearance promptly without any default during the trial, I feel it is appropriate to suspend the sentence alone on conditions. Accordingly, the substantive part of the sentence alone is suspended on the following conditions: i. that the petitioner shall execute a bond for a sum of Rs.
ii. that the petitioner shall appear before the said Court once in a month (i.e., on the first working day of every English Calender month) at 10.30 a.m. till the 3/4
disposal of appeal.
5. Accordingly, this Criminal Miscellaneous Petition is allowed. sd/- 17/07/2025 / TRUE COPY / /2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE SESSIONS JUDGE, SPECIAL COURT FOR POCSO ACT CASES, TIRUNELVELI.
2 THE INSPECTOR OF POLICE, VEERAVANALLUR POLICE STATION, TIRUNELVELI DISTRICT.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.J.PAREKHKUMAR, Advocate ( SR-7722[I] dated 17/07/2025 )
ORDER
IN IN CRL A(MD) NO.750 OF 2025 Date :17/07/2025 NBF/SAR- /21/07/2025/ 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4