Devika v. The State Of Tamilnadu, Rep. By The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.12.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CRL.MP(MD) No. 9859 of 2025 in Crl.A(MD)No.805 of 2025 Devika .......

Petitioner Vs.

State rep. by The Inspector of Police Chathirapatti Police Station, Dindigul District (Crime No.318 of 2021) ...... Respondent Prayer : Petition filed under Section 430(1)BNSS to suspend the sentence imposed against the petitioner in Spl.S.C.No.147 of 2023 by the Special Court(POCSO Act Cases) Dindigul dated 13.11.2024 and release the petitioner on bail till the disposal of the main criminal appeal For Petitioner : Dr.R.Alagumani For Respondent : Mr.R.M. Anbunithi 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(POCSO Act Cases) Dindigul, vide Judgment dated 13.11.2024 in Spl.S.C.No.147 of 2023, he has filed this Criminal Miscellaneous Petition.

2. The petitioner stands convicted and sentenced as under: Section of Law Sentence of imprisonment Fine amount Rs.5000/- I/d to under six months simple imprisonment 366(A) of IPC Three years rigorous imprisonment Rs.1,00,000/- i/d to under to one year simple imprisonment 17 of POCSO Act Life imprisonment Section 11 of the Prohibition of Child Marriage Act Two years rigorous imprisonment Six months simple imprisonment

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

4. Considering the period of incarceration suffered by the petitioner and that there are several arguable points and further the appeal is of year 2025 and the likelihood of the appeal being taken up for final hearing in the near future is also not possible, hence we are of the opinion that it is a fit case for grant of suspension of sentence to the petitioner. 5.. Accordingly, the Criminal Miscellaneous Petition is allowed and the substantive sentence of imprisonment alone imposed on the petitioner herein 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 Special Court(POCSO Act Cases) 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 at 10.30 a.m., on the first working day of every English calender month, till the disposal of the Criminal Appeal. [G.K.I., J.] & [R.P., J.] 04.12.2025 NCC : Yes / No Index : Yes / No aav Copy to

1. The Special Court(POCSO Act Cases) Dindigul

2. The Special Prison for Women, Madurai 3.The Inspector of Police Chathirapatti Police Station, Dindigul District 4.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

G.K.ILANTHIRAIYAN , J.

AND R.POORNIMA, J .

aav CRL.MP(MD) No.9859 of 2025 in Crl.A(MD)No.805 of 2025 04.12.2025