Chinnapaiyan Vs State by, The Inspector of Police

... Respondent PRAYER : Criminal Miscellaneous Petition filed under Section 430(1) of BNSS Act, 2023 to suspend the sentence imposed on petitioner / appellant by the learned Sessions Judge, Special Court for Exclusive Trial of cases under POCSO Act, Salem in Special S.C.No.189 of 2023 by judgment dated 23.01.2025 and enlarge the petitioner on bail, pending disposal of the above appeal.

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https://www.mhc.tn.gov.in/judis

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Crl.M.P.No.10130 of 2025 in Crl.A.No.528 of 2025

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For Petitioner : Mr.R.Jothimanian

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For Respondent : Mr. S.Raja Kumar Additional Public Prosecutor

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ORDER

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This Criminal Miscellaneous Petition has been filed to suspend the

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sentence imposed on petitioner / appellant by the learned Sessions Judge, Special Court for Exclusive Trial of cases under POCSO Act, Salem in Special S.C.No.189 of 2023 by judgment dated 23.01.2025 and enlarge the petitioner on bail, pending disposal of the above appeal.

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The petitioner herein is the accused in Special S.C.No.189 of 2023

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on the file of the Special Court for the Exclusive Trial of POCSO Act Cases,

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Salem. He was found guilty and convicted and sentenced as under:

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S.No.	Conviction	Sentence
1	Section 7 r/w 8 of the Protection of	To undergo 5 years Rigorous Imprisonment and to pay fine of Rs.1,000/- in default to
	Children from Sexual Offences Act.	undergo Rigorous imprisonment for one year.

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Aggrieved by the same, the Criminal Appeal along with the present miscellaneous petition has been filed.

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https://www.mhc.tn.gov.in/judis

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Crl.M.P.No.10130 of 2025 in Crl.A.No.528 of 2025

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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.

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Per contra, the learned Additional Public Prosecutor appearing for the respondent/State raised serious objection for allowing this petition. Further, he would contend that the evidences recorded from the prosecution witnesses would prove the case of the prosecution beyond reasonable doubt. According to him, interference of this Court is not necessary in the findings arrived at by the trial Court.

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Heard the learned counsel appearing on either side and also

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perused the materials placed on record.

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https://www.mhc.tn.gov.in/judis

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Crl.M.P.No.10130 of 2025 in Crl.A.No.528 of 2025

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Considering the facts and circumstances of the case coupled

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with the quantum of punishment imposed upon the petitioner, also by considering the submissions of the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police, 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.

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Accordingly, till the disposal of the Criminal Appeal the substantive sentence of imprisonment imposed by the learned trial Judge is alone suspended and bail is granted on the following conditions:

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(a) The petitioner/accused is ordered to be released on bail, on his executing a separate 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 learned Special Court for the Exclusive Trial of POCSO Act Cases, Salem.

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(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.

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https://www.mhc.tn.gov.in/judis

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Crl.M.P.No.10130 of 2025 in Crl.A.No.528 of 2025

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(c) The petitioner shall appear before the Trial Court daily at 10.30 a.m. for a period of thirty days and thereafter on the first working day of every English Calendar month 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 the said day, he shall make arrangements to file an application under Section 317 Cr.P.C. 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.

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8. With the above directions, this Criminal Miscellaneous Petition

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is ordered.

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26.06.2025

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Index : Yes/No Neutral citation : Yes/No Internet : Yes Speaking/non-speaking order bkn

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https://www.mhc.tn.gov.in/judis