IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 16.10.2025 Coram: The Honourable Mrs.Justice T.V.THAMILSELVI Crl.M.P.No.19142 of 2025 in Crl.A.No.1237 of 2025 Nehru Rao ...Petitioner Versus The State, Represented by the Inspector of Police, All Women Police Station, Krishnagiri District. (Crime No.3/2022). ...Respondent Prayer: This Criminal Miscellaneous Petition is filed under Section 389(1) of Cr.P.C. and Section 430(1) of BNSS, 2023 praying to suspend the sentence of imprisonment imposed on the petitioner in Spl.S.C.No.17 of 2022 on the file of the Fast Track Mahila Court, Krishnagiri dated 25.08.2023. For Petitioner : Mr.P.M.Boris for M/s.P.M.Basil For Respondent : Mr.V.Meganathan, Government Advocate (Crl.Side) 1/8 https://www.mhc.tn.gov.in/judis ORDER This Criminal Miscellaneous Petition has been filed by the petitioner/accused seeking to suspend the sentence imposed on him by the learned Sessions Judge, Fast Track Mahila Court, Krishnagiri vide Judgment dated 25.08.2023 in Spl.S.C.No.17 of 2022 and to enlarge him on bail pending disposal of the above Criminal Appeal. 2. The case of the prosecution is that petitioner/accused is a married man and he has two children. On 21.02.2022, petitioner/accused committed aggravated penetrative sexual assault on his own minor daughter aged about 8 years. Therefore, mother of the victim girl (wife of petitioner/accused) gave a complaint to the respondent Police with regard to the alleged occurrence. Based on the complaint given by the mother of victim girl, the respondent Police registered a case in Crime No.3 of 2022 against the petitioner/accused and conducted investigation. After the completion of investigation, the respondent Police had filed a Charge Sheet before the trial Court. The said Charge Sheet was taken on file in Spl.S.C.No.17 of 2022 2/8 https://www.mhc.tn.gov.in/judis by the trial Court. The petitioner/accused was found guilty for the offence under Sections 5(m)(i)(n) r/w. 6(1) of POCSO Act, 2012 Amendment Act, 2019. Hence, the learned Sessions Judge, Fast Track Mahila Court, Krishnagiri vide Judgment dated 25.08.2023 in Spl.S.C.No.17 of 2022, convicted the petitioner/accused and sentenced him to undergo rigorous imprisonment for a period of 20 years and to pay a fine of Rs.5,000/-, in default, to undergo 1 year simple imprisonment. Aggrieved by the said conviction and sentence, petitioner/accused has preferred the present Criminal Appeal before this Court. 3. The learned counsel for the petitioner/accused submitted that the petitioner/accused used to consume alcohol everyday, due to which, there was a misunderstanding between the petitioner/accused and his wife (mother of the victim girl). Hence, the wife of petitioner/accused gave a false complaint against the petitioner/accused. 3.1. It is further submitted by the learned counsel for the petitioner/accused that the petitioner/accused has no previous criminal 3/8 https://www.mhc.tn.gov.in/judis antecedents and he has been falsely implicated in this case. It is also submitted that the petitioner/accused has undergone incarceration for more than 3½ years. 3.2. The learned counsel for the petitioner/accused submitted that the petitioner/accused has a fair chance of succeeding in the Criminal Appeal and he is ready to abide any condition to be imposed by this Court. Therefore, the learned counsel for the petitioner/accused prayed that the substantive sentence imposed on the petitioner/accused may be suspended. 4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that the petitioner/accused had committed sexual assault on his own minor daughter and at the time of alleged occurrence, petitioner/accused was in intoxicated mode. Therefore, the learned Government Advocate (Crl.Side) prayed that sentence imposed on the petitioner/accused may not be suspended. 4/8 https://www.mhc.tn.gov.in/judis 5. Heard the learned counsel for the petitioner/accused and the learned Government Advocate (Crl.Side) appearing for the respondent Police. 6. Considering the submissions made by the learned counsel for the petitioner/accused coupled with the quantum of punishment imposed on the petitioner/accused and taking into consideration of the fact that the Criminal Appeal is likely to be taken up for final hearing in the near future, this Court is inclined to suspend the substantive sentence of imprisonment alone. 7. Accordingly, till the disposal of the Criminal Appeal, the reliefs of suspension of sentence and bail are granted on the following conditions: (i) The sentence of imprisonment imposed on the petitioner/accused shall be suspended and the petitioner/accused shall be released on bail on condition that he shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a likesum to the satisfaction of the trial Court; (ii) The petitioner/accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety 5/8 https://www.mhc.tn.gov.in/judis bonds and the trial Court may obtain a copy of their Aadhaar Card or Bank Pass Book and their mobile numbers to ensure their identity; (iii) The petitioner/accused shall appear before the respondent Police on every Tuesday and Saturday at 10.30 a.m and he shall also appear before the trial Court on every Tuesday and Saturday 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 any day, he shall make arrangements to file an application under Section 355 of BNSS, 2023 and shall appear before the trial Court on any other day in lieu of his absence, as directed by the trial Court. (iv) The petitioner/accused shall not have any communication with the victim girl and her mother. 8. With the above directions, this Criminal Miscellaneous Petition is allowed. 16.10.2025 mrr Index: Yes/No Speaking Order (or) Non-Speaking Order Note: Registry is directed to list the Criminal Appeal No.1237 of 2025 for hearing on 27.11.2025. 6/8 https://www.mhc.tn.gov.in/judis To 1.The Sessions Judge, Fast Track Mahila Court, Krishnagiri. 2.The Inspector of Police, All Women Police Station, Krishnagiri District. 3.The Public Prosecutor, High Court, Madras. 7/8 https://www.mhc.tn.gov.in/judis T.V.THAMILSELVI, J. mrr Crl.M.P.No.19142 of 2025 in Crl.A.No.1237 of 2025 16.10.2025 8/8 https://www.mhc.tn.gov.in/judis