Vikram Vs The State rep by The Inspector of Police

PRAYER: Criminal Miscellaneous Petition has been filed under Section 389(2) Cr.P.C equivalent to Section 430(1) of BNSS, 2023 praying to suspend the sentence of imprisonment imposed in the judgment dated 10.12.2025 passed in Spl.S.C.No.161 of 2021 on the file of the learned Special Court for Exclusive Trial of Cases under POCSO Act, Chennai, and enlarge the petitioner on bail pending disposal of the above Criminal Appeal.

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For Petitioner : Mr.R.Vivekananthan For Respondent : Mr.S.Balaji, Government Advocate (Crl. Side)

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

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O R D E R

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Crl.M.P.No.24523 of 2025 in Crl.A.No.1940 of 2025

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This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed on the petitioner by judgment dated 10.12.2025 passed in Spl.S.C.No.161 of 2021 by the Special Court for Exclusive Trial of Cases under POCSO Act, Chennai, pending disposal of the above criminal appeal and enlarge the petitioner on bail.

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2. The petitioner/accused in Spl.S.C.No.161 of 2021 was convicted by the Trial Court by judgment dated 10.12.2025 for the offence under Section 12 of POCSO Act and sentenced to undergo one year rigorous imprisonment and to pay a fine of Rs.1,000/-, in default, to undergo simple imprisonment for one month. Aggrieved by the same, he filed Crl.A.No.1940 of 2025 before this Court along with the instant criminal miscellaneous petition seeking suspension of sentence and bail.

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The learned counsel for petitioner would submit that he has raised substantial grounds in the appeal.

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

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Crl.M.P.No.24523 of 2025 in Crl.A.No.1940 of 2025

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

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Considering the fact that there are substantial grounds raised in the above appeal, which requires consideration and since the appeal is not likely to be taken up in the near future, this Court is inclined to grant the relief of suspension of sentence to the petitioner.

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6. Accordingly, this criminal miscellaneous petition stands allowed and the sentence imposed on the petitioner is suspended till the disposal of the above criminal appeal and the petitioner is ordered to be released on bail on the following conditions:

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(i)The petitioner shall execute a bond for a sum of Rs.10,000/-, with two sureties, each for a like sum to the satisfaction of the learned Special Court for Exclusive Trial of Cases under POCSO Act, Chennai;

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(ii)The petitioner and 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 pass Book and mobile numbers to ensure their identity; and

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

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Crl.M.P.No.24523 of 2025 in Crl.A.No.1940 of 2025

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SUNDER MOHAN, J.

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(iii)The petitioner shall appear before the Trial Court on the first working day of every month at 10.30 a.m. until the disposal of the 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 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.

18.12.2025 (2/2)

Tsg

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