Lakshmi Vs The Inspector of Police

Prayer : Criminal Miscellaneous Petition is filed under Section 389(1) of Cr.P.C., / 430(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, to suspend the execution of sentence imposed on the Petitioner/Appellant(A2) in Spl.S.C.No.58 of 2024 dated 25.11.2025 on the file of the Principal Judge, Special Court under POCSO Act, Coimbatore and enlarge the Petitioner/Appellant(A2) on bail, pending disposal of the above Criminal Appeal.

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For Petitioner(s): Mr.R.Surya Prakash for Mr.S.Velmurugan

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For Respondent(s): Mr.R.John Sathyan State Public Prosecutor

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Crl..MP.No.7473 of 2026

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ORDER

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This Miscellaneous Petition has been filed for suspension of the

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sentence under Section 389(1) of Cr.P.C., / 430(1) of the Bharatiya Nagarik Suraksha Sanhita Act, 2023 pursuant to the Judgment of the learned Principal Judge, Special Court under POCSO Act, Coimbatore dated 25.11.2025 in Spl.S.C.No.58 of 2024.

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2. The Petitioner is the 2 nd accused in the above case, she along with her son who was aged about 18 years and 7 months have been convicted by the Trial Court for the Offences under Sections 343, 366A of IPC and Section 6 read with Section 16 and 17 of POCSO Act, 2012.

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3. The punishment imposed on the Petitioner/Appellant-A2 by the

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Trial Court vide it’s conviction dated 25.11.2025 are as follows:-

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Sections under which the Petitioner/Appellant-A2 is convicted	Punishment
Section 6 read with Section 16 read with Section 17 of POCSO Act, 2012	Rigorous Imprisonment for a period of 20 years and fine of Rs.10,000/-, failing which Simple Imprisonment for aperiod of 1year
Section 366A of the Indian Penal Code, 1860	Rigorous Imprisonment for a period of 10 years and fine of Rs.10,000/-, failing which Simple Imprisonment for a period of 1 year
Section 343 of the Indian Penal Code, 1860	Rigorous Imprisonment for a period of 2 years and fine of Rs.5,000/-, failing which Simple Imprisonment for a period of 6 months

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4. At the time of the Offence, the victim was aged about 17 years

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and 1 month, residing at Kovai. Whereas, the Petitioner/Appellant-A2 and her son/A1 were resident of Kundrathur, Chennai.

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5. It appears that the victim and the Petitioner/Appellant-A2’s son got to know each other through Instagram and had developed intimacy and that the victim left Kovai and travelled all the way to Chennai to be with the Petitioner/Appellant-A2’s son who was reportedly married at the same time to PW2, who is also aged about 17 years at the time of the commission of the Offence.

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6. The allegation against the Petitioner/Appellant-A2 is that the Petitioner/Appellant-A2 has sheltered the Petitioner/Appellant-A2’s son, as also the victim, and thereby facilitated the commission of the Offences for which the Petitioner/Appellant-A2 and her son/A1 have been accused.

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7. The learned counsel for the Petitioner/Appellant-A2 drew attention to the Statement recorded under Section 164(5) of Cr.P.C before the Magistrate on 18.10.2023 and the deposition of the victim/PW1 who was aged 19 years at the time of recording of evidence before the Trial Court on 11.12.2024.

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8. Having perused the records and the Impugned Judgment of the Trial Court sentencing the Petitioner/Appellant-A2 to the above Offences, I am of the view that the Petitioner/Appellant-A2 has made out a prima facie case for

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distancing herself from the punishment and the sentence imposed by the Trial Court. It is also noticed that the Petitioner/Appellant-A2 has already undergone incarceration for a period of 9 months which includes incarceration prior to the trial during investigation of this case.

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Considering the facts and circumstances of the case and also the submissions made by the learned counsel for the Petitioner/Appellant-A2 and the learned State Public Prosecutor for the Respondent, I am of the view that the sentence of imprisonment can be suspended and the Petitioner/Appellant-A2 can be granted bail on conditions. Accordingly, pending disposal of the appeal, the sentence is suspended and the Petitioner/Appellant-A2 is enlarged on bail, subject to the following conditions:-

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(i) The Petitioner/Appellant-A2 shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties, each for a like sum to the satisfaction of the learned Principal Judge, Special Court under POCSO Act, Coimbatore.

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(ii) The Petitioner/Appellant-A2 and the sureties shall affix their photographs and Left Thumb Impressions in the surety bond and the Trial Court may obtain a copy of their Aadhar

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card or Bank pass Book and mobile numbers to ensure their identity;

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(iii) The Petitioner/Appellant-A2 shall appear before the

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office of the Inspector of Police, All Women Police Station (West), Coimbatore City on every Friday at 10.30 a.m., till the final disposal of the appeal.

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