CRL MP No. 17805 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-10-2025 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL MP NO. 17805 OF 2025 IN CRL A No. 1487 of 2025 1. Murugan, S/o. Ganeshadevar, Kizhatheru, Kizhathirupalakudi, Mannarkudi Taluk, Thiruvarur. Appellant(s) Vs 1. The State Rep by its Inspector of Police All Women Police Station, Mannarkudi - 614001. 2.KAMALAVENI Wife of Arumugam, residing at No.836, Ambethkar Street, Keelathiruppalakkudi, Mannargudi, Thiruvarur-614018 (R2 is suomotu impleaded as per the order of this court dated 23.09.2025 in Crl.A.No.1487 of 2025 and Crl.MP.No.17805 of 2025) Respondent(s) https://www.mhc.tn.gov.in/judis CRL MP No. 17805 of 2025 CRL MP No. 17805 of 2025 PRAYER To Suspend the sentence imposed vide judgment dated 24.07.2025 passed by the Fast Track mahila Court, Thiruvarur, in Special Sessions Case SPL.SC.No.10/2021 and enlarge the petition on bail, pending disposal of the above mentioned Crl.Appeal.1487/2025. CRL A No. 1487 of 2025 For Appellant(s): M.Velmurugan Girija Velmurugan S.Saravanakumaran K.S.Elangoovan R.N.Kasi Viswanathan V.Siriam K.S.Abineswaran R.Bhuvanesh D.Sriram For Respondent(s): Public Prosecutor For R1 Court Notice Service Awaited For R2 Private Notice Permitted - Proof Not Filed ORDER This petition has been filed to Suspend the sentence imposed vide judgment dated 24.07.2025 passed by the Fast Track mahila Court, Thiruvarur, in Special Sessions Case SPL.SC.No.10/2021 and enlarge the petition on bail, https://www.mhc.tn.gov.in/judis CRL MP No. 17805 of 2025 pending disposal of the above mentioned Crl.Appeal.1487/2025. 2. The petitioner was convicted by the Fast Track mahila Court, Thiruvarur, in Special Sessions Case SPL.SC.No.10/2021 for the offence under Sections 9(m), 10 of POCSO Act 2015 and sentenced to seven years rigorous imprisonment and fine of Rs.3,000/-, in default, to undergo further six months of simple imprisonment. Under Section 3(2) of the SC/ST (POA) act, 2015, the petitioner was sentenced to ten years rigorous imprisonment and fine of Rs.5,000/-, in default to undergo further six months of simple imprisonment. Under Section 235(2) BNSS 258(2) was sentended to 17 years of rigorous imprisonment and fine of Rs.8000. The petitioner filed the present petition to suspend sentence imposed on the petitioner. 3. The learned counsel for the petitioner submits that the petitioner is aged about 56 years and he is ready to abide with any conditions. Further, he submits that there was a previous enemity between the petitioner and the victim's father, at the instance of petitioner's father the petitioner has been falsely implicated in his case. The petitioner is having valid defence to prove his case. Hence, he prays to allow this petition. https://www.mhc.tn.gov.in/judis CRL MP No. 17805 of 2025 4. Considering the facts and circumstances of the case and also the petitioner is surviving with three children, further 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. 5. Accordingly, till the disposal of the Criminal Appeal, the substantive sentence of imprisonment imposed by the learned trial Judge is alone suspended and bail are granted on the following conditions: (a) The petitioners/accused are ordered to be released on bail, on their executing a separate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties(one must be blood surety) each for a like sum to the satisfaction of the learned Fast Track mahila Court, Thiruvarur. Further, the petitioner shall not have any communication with the victim girl. (b) The petitioners/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. https://www.mhc.tn.gov.in/judis CRL MP No. 17805 of 2025 (c) The petitioners shall appear before the respondent police on the first Saturday 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, they 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. Further, the fact reveals that the compensation was not paid to the victim family. Hence, the respondent police is directed to take steps to get compensation to the victim. 6. With the above directions, this Criminal Miscellaneous Petition is ordered. 10-10-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To 1.The Fast Track Mahila Court, Thiruvarur, 2. The Central Prison, Trichy. 3. The Public Prosecutor, High Court, Madras. 4. Inspector of Police All Women Police Station, Mannarkudi - 614001. https://www.mhc.tn.gov.in/judis CRL MP No. 17805 of 2025 T.V.THAMILSELVI J. pbl CRL MP NO. 17805 OF 2025 IN CRL A No. 1487 of 2025 10-10-2025 https://www.mhc.tn.gov.in/judis