Allowed¶39

Thirunavukkarasu (A3) v. State by

Madras HC26 Mar 2025CRL MP/8478/2024

Case brief

AI extract

What is this about?

POCSO bail suspension Madras High Court Crl.MP 8478/2024 in Crl.A.728/2024 Thirunavukkarasu v State Kancheepuram Crime No.5/2019; S.389(1) CrPC; S.366 IPC & S.4/S.3(a) POCSO 2012; Spl.S.C.No.90/2019 dated 10.10.2023; witnesses P.W.1/P.W.2 turned hostile; ~1.5 years custody; Rs.25,000 bond two sureties; S.317 CrPC monthly appearance; decided 26.03.2025 M.S.Ramesh J & N.Senthilkumar J.

What did the court decide?

Suspension of sentence and bail pending disposal of Criminal Appeal, subject to bond/surety and appearance conditions ¶39

Thirunavukkarasu (A3) Vs State by — Child Sexual Offences (POCSO) | Madras HC (2025)

What the court decided

AI extract

Outcome

Suspension of sentence and bail pending disposal of Criminal Appeal, subject to bond/surety and appearance conditions

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Issue for consideration

Whether the sentence imposed on the petitioner (A3) by the Special Judge for Exclusive Trial of Cases under POCSO Act, Chennai should be suspended and the petitioner enlarged on bail pending disposal of Criminal Appeal Crl.A.No.728/2024.

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Court's answer

In the absence of testimonies of victim girl (P.W.2) and her mother (P.W.1) implicating petitioner/A3, the petitioner may have a fair chance of success in the appeal; petitioner in prison from 10.10.2023 for almost 1½ years; appeal not likely to be taken up in near future; hence inclined on prima facie grounds to suspend the sentence.

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Ratio / Principle

Criminal Miscellaneous Petition allowed; sentence imposed on petitioner suspended subject to conditions: bond of Rs.25,000/- with two sureties each for like sum to satisfaction of Special Judge, Chengalpattu; photographs and Left Thumb Impression in surety bonds with Aadhar/Bank pass Book/mobile number verification; monthly appearance before Trial Court at 10.30 A.M. on first working day until disposal of appeal, failing which application under Section 317 Cr.P.C.

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Detailed headnote1 paragraphs

Madras High Court (M.S.Ramesh, J., authoring; bench included N.Senthilkumar, J.) allowed Crl.MP.No.8478/2024 filed by Thirunavukkarasu (petitioner/appellant) under S.389(1) CrPC seeking suspension of sentence imposed on 10.10.2023 by the Special Judge for Exclusive Trial of Cases under POCSO Act, Chennai in New Spl.S.C.No.90/2019 — conviction as A3 under S.366 IPC and S.4 r/w S.3(a) POCSO Act 2012 (10 yrs R.I + Rs.5,000 fine per offence). Grounds: victim girl P.W.2 and her mother P.W.1 did not support prosecution case; petitioner imprisoned since 10.10.2023 (~1½ years); appeal unlikely to be taken up soon. Sentence suspended on conditions: Rs.25,000/- bond with two like sureties before Special Judge, Chengalpattu; identity verification via photographs/thumb impressions/Aadhar or bank passbook/mobile; monthly appearance first working day at 10.30 A.M. until appeal disposal, with S.317 CrPC application permitted for absence. Decision dated 26.03.2025.

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Crl.MP.No.8478 of 2024 in Crl.A.No.728/2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 26.03.2025

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CORAM

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THE HONOURABLE MR. JUSTICE M.S.RAMESH

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AND

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THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR

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Crl.MP.No.8478 of 2024 in Crl.A.No.728/2024

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Thirunavukkarasu

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...Petitioner / Appellant

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Versus

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State by The Inspector of police, AWPS, Kancheepuram, Kancheepuram District. (Crime No.5 of 2019)

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... Respondent

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Prayer:-Civil Miscellaneous Petition filed under Section 389[1] of Cr.P.C., to suspend the sentence which was imposed by the learned Special Judge for Exclusive Trial of Cases under POCSO Act, Chennai in new Spl.S.C.No.90 of 2019 dated 10.10.2023 and enlarge the petitioner on bail pending disposal of the above Criminal Appeal.

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

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Crl.MP.No.8478 of 2024 in Crl.A.No.728/2024

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For Petitioner : Mr.V.R.Kamalanathan

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For Respondents : Mr.S.Rajakumar Additional Public Prosecutor

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ORDER

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(Order of the Court was made by M.S.Ramesh, J.)

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This Criminal Miscellaneous Petition has been filed seeking to suspend the sentence, which was imposed by the learned Special Judge for Exclusive Trial of Cases under POCSO Act, Chennai in new Spl.S.C.No.90 of 2019 dated 10.10.2023 and enlarge the petitioner on bail pending disposal of the above Criminal Appeal.

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2. The learned Special Judge for Exclusive Trial of Cases under

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POCSO Act, Chennai in New Spl.S.C.No.90 of 2019, has convicted the

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petitioner and sentenced him as follows:-

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*Accused*	*Offence*	*Sentence*
A3	Section 366 IPC Section 4 r/w Section 3(a) of POCSO Act, 2012	10 years R.I and a fine of Rs.5,000/- i/d. 6 months S.I 10 years R.I and a fine of Rs.5,000/- i/d. 6 months S.I

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

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Crl.MP.No.8478 of 2024 in Crl.A.No.728/2024

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3. Challenging the above conviction and sentence, the petitioner has filed the above Criminal Appeal and he seeks for suspension of sentence and bail in the present miscellaneous petition.

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4. Heard Mr.V.R.Kamalanathan, learned counsel appearing for the petitioner and Mr.S.Rajakumar, learned Additional Public Prosecutor, appearing for the respondent/Police.

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5. The petitioner herein has been arrayed as A3 before the Trial Court. The overt act attributed against him is that on 03.06.2017, he had sexually assaulted the victim by using his hands.

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6. The case of the prosecution is that the victim girl was impregnated by A4 and a child was also born to her. Before the Trial Court, the victim girl, P.W.2, as well as her mother, P.W.1 did not support the case of the prosecution. In the absence of their testimonies, implicating the petitioner / A3 to the crime, the petitioner may have a fair chance of success in the appeal. Further, we are informed that the petitioner herein has been in

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

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Crl.MP.No.8478 of 2024 in Crl.A.No.728/2024

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prison from 10.10.2023 i.e for almost 1 ½ years. We are also conscious of

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the fact that the appeal is not likely to be taken up in the near future and hence, on the above prima facie grounds, we are inclined to suspend the sentence of the petitioner/A3.

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8. Accordingly, this Criminal Miscellaneous Petition stands allowed,

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and the sentence imposed on the petitioner, is suspended on the following conditions:-

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(i) The petitioner shall execute a bond for a sum of Rs.25,000/-, with two sureties each, for a like sum to the satisfaction of the learned Special Judge for Exclusive Trial of Cases under POCSO Act, Chengalpattu;

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(ii) The petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bonds 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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(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

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

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Crl.MP.No.8478 of 2024 in Crl.A.No.728/2024

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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.

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(M.S.R, J.) (N.S, J.) 26.03.2025

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Index: Yes/No Anu Note: Issue Order Copy on 27.03.2025

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