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Xxxxxxxxx v. State represented by

Madras HC12 Jun 2025CRL MP/9990/2025

Case brief

AI extract

What is this about?

Suspension of sentence; bail pending appeal; Section 430(1) Bharatiya Nagarik Suraksha Sanhita 2023; conviction under Section 6 POCSO Act 2012; 20 years rigorous imprisonment; fine Rs.1,00,000; Spl.S.C.No.70 of 2024; Crl.A.No.476 of 2025; Crime No.477 of 2023; Special Court for Exclusive Trial of POCSO cases Chennai; bail bond Rs.25,000 with two sureties; monthly appearance before Trial Court; Section 317 Cr.P.C.; Madras High Court 2025; G.K. Ilanthiraiyan J.

What did the court decide?

Suspension of the substantive sentence of imprisonment and release of the petitioner on bail pending disposal of Crl.A.No.476 of 2025, on executing a bond for Rs.25,000 with two sureties each for a like sum, subject to conditions including identity verification and monthly appearance before the Trial Court. ¶41

Xxxxxxxxx Vs State represented by — Child Sexual Offences (POCSO) | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the substantive sentence of imprisonment imposed on the petitioner in Spl.S.C.No.70 of 2024 should be suspended and the petitioner released on bail pending disposal of Crl.A.No.476 of 2025.

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Court's answer

Considering the submissions of learned counsel on both sides, coupled with the quantum of punishment imposed upon the petitioner and the fact that the criminal appeal was not likely to be taken up for final hearing in the near future, the Court held that the substantive sentence of imprisonment alone could be suspended on certain conditions.

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Ratio / Principle

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 conditions: release on execution of a bond for Rs.25,000 with two sureties each for a like sum to the satisfaction of the Sessions Judge, Special Court (POCSO), Chennai; affixation of photographs and left thumb impressions on the surety bonds with Aadhaar card or bank passbook verification of identity; and appearance before the Trial Court on the first working day of every English Calendar month at 10.30 a.m. until disposal of the appeal, with an application under Section 317 Cr.P.C. to be arranged for any unavoidable absence.

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Detailed headnote1 paragraphs

Madras High Court (G.K. Ilanthiraiyan, J.), Crl.M.P.No.9990 of 2025 in Crl.A.No.476 of 2025, decided 12.06.2025: Petition under Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 by the petitioner (sole accused, name shown masked as 'XXXXX' in the cause title) seeking suspension of sentence and bail pending appeal. The petitioner had been convicted by the Sessions Judge, Special Court for Exclusive Trial of cases under POCSO Act, 2012, Chennai, in Spl.S.C.No.70 of 2024 (judgment dated 24.04.2025) under Section 6 of the POCSO Act, 2012, to undergo 20 years rigorous imprisonment with a fine of Rs.1,00,000/- (in default, three months simple imprisonment), and had filed Crl.A.No.476 of 2025. Considering the submissions on both sides, the quantum of punishment, and that the appeal was not likely to be taken up for final hearing in the near future, the Court suspended the substantive sentence of imprisonment alone till disposal of the appeal and granted bail on: a bond of Rs.25,000 (Rupees Twenty Five Thousand only) with two sureties each for a like sum before the Sessions Judge, Special Court (POCSO), Chennai; photographs and left thumb impressions on the surety bonds with Aadhaar card/bank passbook identity verification; and appearance before the Trial Court on the first working day of every English Calendar month at 10.30 a.m. until disposal of the appeal, with recourse to an application under Section 317 Cr.P.C. for unavoidable absence. Petition ordered.

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Crl.M.P.No.9990 of 2025 in Crl.A.No.476 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 12.06.2025

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CORAM:

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THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN

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Crl.M.P.No.9990 of 2025 in Crl.A.No.476 of 2025

XXXXX

..... Petitioner

State represented by The Inspector of Police, J-6, All Women Police Station, Thiruvanmiyur, Chennai. (Crime No.477 of 2023)

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..... Respondent

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PRAYER : Criminal Miscellaneous Petition filed under Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, to suspend the sentence imposed on the petitioner/appellant in Spl.S.C.No.70 of 2024 dated 24.04.2025 passed by the Sessions Judge, Special Court for exclusively trial of cases under POCSO Act, Chennai and release the petitioner on bail pending disposal of the above appeal.

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Crl.M.P.No.9990 of 2025 in Crl.A.No.476 of 2025

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For Petitioner : Mr.Abdukumar Rajarathinam Senior Counsel for M/s.Suresh Madhavaraj 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 by the petitioner,

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seeking suspension of sentence imposed by the learned Sessions Judge, Special Court for Exclusive Trial of cases under POCSO Act, 2012, Chennai in Spl.S.C.No.70 of 2024 dated 24.04.2025, and release the petitioner on bail pending disposal of the above appeal.

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The petitioner, who is an accused in Spl.S.C.No.70 of 2024,

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was convicted and sentenced by the Sessions Judge, Special Court for Exclusive Trial of cases under POCSO Act, 2012, Chennai, vide judgment dated 24.04.2025, as follows:

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Rank of	Conviction	Sentence awarded
the accused	under Section
Sole	Section 6 of	To undergo 20 years Rigorous
Accused	POCSO Act,	imprisonment with a fine of
	2012	Rs.1,00,000/-, in default, to undergo three months simple imprisonment.

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Crl.M.P.No.9990 of 2025 in Crl.A.No.476 of 2025

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Aggrieved by the same, the petitioner has filed this appeal along with the present miscellaneous petition.

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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 have 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 any condition to be 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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Crl.M.P.No.9990 of 2025 in Crl.A.No.476 of 2025

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Heard the learned counsel appearing on either side and also perused the materials placed on record.

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Considering the submissions of the learned counsel for the petitioner and the leaned Additional Public Prosecutor, coupled with the quantum of punishment imposed upon the petitioner and taking into consideration the fact that 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 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 Sessions Judge, Special Court for exclusive trial of cases under POCSO Act, Chennai.

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Crl.M.P.No.9990 of 2025 in Crl.A.No.476 of 2025

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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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(c) The petitioner shall appear before the Trial Court on the first working day of every English Calendar month at 10.30 a.m., until the disposal of the Criminal Appeal and if there are 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.

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