Crl.MP No.19574 of 2022 in

Crl.A.No.1293 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2023

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM

Crl.M.P.No.19574 of 2022

in

Crl.A.No.1293 of 2022

Ajithkumar

... Petitioner

Vs.

State Rep. by the Inspector of Police,

All Women Police Station, Panruti,

Cuddalore District.

Crime No.638/2019

... Respondent

PRAYER: Criminal Miscellaneous Petition filed under Section 389(1) of

Cr.P.C. to suspend the sentence imposed on the petitioner by the learned

Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO

Act, Cuddalore by a judgment dated 30.11.2022 passed in

Spl.S.C.No.67/2021 and enlarge the petitioner on bail pending disposal of

the Criminal Appeal.

For Petitioner

: Mr.A.M.Rahamath Ali

For Respondent

: Mr.C.E.Pratap,

Govt. Advocate (Crl.Side)

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O R D E R

The petitioner, who is an accused in Spl.S.C.No.67/2021 on the file

of the Sessions Court, Special Court for Exclusive Trial of Cases under

POCSO Act, Cuddalore, seeks suspension of his sentence of imprisonment.

2. The Trial Court, by judgment dated 30.11.2022 passed in

Spl.S.C.No.67/2021, acquitted the petitioner from the offence punishable

under Section 9 of Prohibition of Child Marriage Act, however, convicted

him for the offences punishable under Sections 366 and 344 IPC and

Section 5(l) and 6 of POCSO Act, 2012 and sentenced him as extracted

hereunder.

Conviction under

Section

Sentence

Sec.366 IPC

10 years Rigorous imprisonment and to pay a fine of

Rs.2,000/-, in default, to undergo 3 months simple

imprisonment.

Sec.344 IPC

2 years Rigorous imprisonment and to pay a fine of

Rs.1,000/-, in default, to undergo 1 month simple

imprisonment

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Crl.MP No.19574 of 2022 in

Crl.A.No.1293 of 2022

Conviction under

Section

Sentence

Sec.5(l) and 6 of

POCSO Act, 2012

10 years Rigorous imprisonment and to pay a fine of

Rs.2,000/-, in default, to undergo 3 months simple

imprisonment.

The above said sentence of imprisonments were ordered to run concurrently.

3. Challenging the judgment of conviction and sentence, the

petitioner preferred the present Criminal Appeal along with the instant

petition, seeking to suspend the sentence of imprisonment.

4. The learned counsel for the petitioner submitted that there are arguable

points in this Criminal Appeal. He further submitted that, now, the petitioner is in

judicial custody and hence, prayed for suspension of sentence.

5. Heard the learned Government Advocate(Crl. side) appearing for

the respondent and perused the impugned judgment and the materials on

record.

6. Taking into consideration of the above submission of the learned

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Crl.MP No.19574 of 2022 in

Crl.A.No.1293 of 2022

counsels appearing on both sides, this Court finds that, the petitioner has

substantial grounds in this Criminal Appeal, which require detailed

appraisal. Therefore, this Court is of the view that the petitioner is entitled

to the relief of suspension of sentence.

7. Accordingly, it is ordered as follows.

(i) The substantive sentence of imprisonment alone is suspended and

the petitioner is directed to be enlarged on bail on condition that the

petitioner shall execute 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, Cuddalore.

(ii)

The petitioner and the sureties shall affix their photographs and

Left Thumb Impression in the surety bond and the Trial Court may obtain a

copy of their Aadhar card or Bank pass Book to ensure their identity.

(iii)

The petitioner shall appear before the T