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2025 DAILYLAW 48488 (MAD)

Shankar v. The State rep. by

CRL MP/8067/2025 · 2025-04-22

P Velmurugan

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.M.P.No.8067 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.04.2025 CORAM THE HON'BLE MR. JUSTICE P.VELMURUGAN Crl.M.P.No.8067 of 2025 in Crl.A.No.385 of 2025 Shankar ... Petitioner Vs. The State represented by The Inspector of Police, All Women Police Station, Katpadi, Vellore. ... Respondent PRAYER: Criminal Miscellaneous Petition is filed under Section 430 of BNSS Act, to suspend the sentence imposed on the petitioner by the Special Court for Exclusive Trial of Cases under POCSO Act, Vellore in Spl.S.C.No.174 of 2022 dated 25.02.2025 and to enlarge him on bail, pending disposal of the above Criminal Appeal. For Petitioner : Mr.C.P.Siva Mohan For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor https://www.mhc.tn.gov.in/judis Crl.M.P.No.8067 of 2025 O R D E R This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed on the petitioner by the Special Court for Exclusive Trial of Cases under POCSO Act, Vellore in Spl.S.C.No.174 of 2022 vide order dated 25.02.2025 and to enlarge him on bail, pending disposal of the above Criminal Appeal. 2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent/Police and perused the materials available on record. 3. The respondent-Police registered a case against the petitioner in Crime No.4 of 2022 for the offences under Sections 7, 8, 12 and 11(a)(iv) of POCSO Act and under Sections 354B, 354(A)(i) and 354(D)(i) of IPC and the same was taken on file in Spl.S.C.No.174 of 2022 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Vellore. The learned Special Judge, found the petitioner/accused guilty for the offences under Sections 7, 8, 11(iv) and 12 of POCSO Act and convicted and sentenced him to undergo five years rigorous imprisonment and to pay fine of Rs.20,000/- in default to https://www.mhc.tn.gov.in/judis Crl.M.P.No.8067 of 2025 undergo one year rigorous imprisonment for the offence under Sections 7 and 8 of POCSO Act and sentenced him to undergo three years rigorous imprisonment and to pay fine of Rs.5,000/-, in default to undergo two months simple imprisonment for the offences under Section 11(iv) and 12 of POCSO Act. Hence, the petitioner has filed this petition seeking to suspend the sentence imposed on the petitioner by the learned Special Judge. 4. Considering the serious nature of offence, this Court is not inclined to suspend the sentence imposed on the petitioner by the Special Court for Exclusive Trial of Cases under POCSO Act, Vellore in Spl.S.C.No.174 of 2022. 5. Hence, this Criminal Miscellaneous Petition is dismissed. 22.04.2025 ( ½) mfa Index:Yes/No Speaking Order: Yes/No Neutral Citation: Yes/No To 1. The Special Court for Exclusive Trial of Cases under POCSO Act, https://www.mhc.tn.gov.in/judis Crl.M.P.No.8067 of 2025 Vellore. 2. The Inspector of Police, All Women Police Station, Katpadi, Vellore. 3. The Public Prosecutor, High Court, Chennai. Page 4 of 5 https://www.mhc.tn.gov.in/judis Crl.M.P.No.8067 of 2025 P.VELMURUGAN, J mfa Crl.M.P.No.8067 of 2025 in Crl.A.No.385 of 2025 22.04.2025 https://www.mhc.tn.gov.in/judis