Suriyamoorthi vs State Represented By
2022 Latest Caselaw 11621 Mad

                                                                   Crl.M.P.No.7133 of 2022 in Crl.A.No.540 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 30.06.2022

                                                         CORAM :

                      THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
                                                   Crl.M.P.No.7133 of 2022
                                                              in
                                                     Crl.A.No.540 of 2022

                Suriyamoorthi                                             ..      Petitioner

                                                             Vs

                State represented by
                The Inspector of Police
                All Women Police Station, Neyveli
                Cuddalore District.
                Crime No.5 of 2020                                        ..      Respondent

                Prayer: Criminal Miscellaneous Petition filed under Section 389(1) of the Code
                of Criminal Procedure 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 16.03.2022 passed in
                Spl.S.c.No.27 of 2020 and enlarge the petitioner on bail.


                                  For Petitioner       : Mr.A.M.Rahamath Ali

                                  For Respondent       : Mr.S.Vinoth Kumar
                                                         Government Advocate (Crl. Side)




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https://www.mhc.tn.gov.in/judis
                                                                  Crl.M.P.No.7133 of 2022 in Crl.A.No.540 of 2022



                                                        ORDER

Learned counsel for the petitioner would submit that the allegation in this

case is in the nature of love affair and the Trial court errored in convicting the

petitioner.

2. Learned Government Advocate (Crl. Side), would submit that in any

event, the prosecution has proved that the victim was less than eighteen years of

age and therefore, the Trial court has rightly convicted the petitioner.

3. Considering the nature of allegations in this case and considering that

the age of the accused was twenty three years, at the time of offence and the age

of the victim was sixteen years and eight months and the allegation in this case

is in the nature of love affair and considering the fact that the petitioner is under

incarceration from 16.03.2022, I am of the view that this is a fit case for grant

of suspension of sentence, pending disposal of the appeal and accordingly, the

sentence is suspended on the following conditions:-

(a) the petitioner is ordered to be released on bail, on executing a bond for

https://www.mhc.tn.gov.in/judis Crl.M.P.No.7133 of 2022 in Crl.A.No.540 of 2022

a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties each

for a like sum to the satisfaction of the Sessions Judge, Special Court for

Exclusive Trial of Cases under POCSO Act, Cuddalore;

(b) the petitioner and the sureties shall affix their photographs and left

thumb impressions in the surety bonds and the learned Magistrate may obtain a

copy of their Aadhar Cards or Bank Pass books to ensure their identities;

(c) the petitioner shall appear before the Trial Court on the first working

day of every English Calendar Month at 10.30 A.M until the disposal of the

Criminal Revision 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 317 of

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.

4. This Criminal Miscellaneous Petition is ordered accordingly.

Index : yes/no 30.06.2022 Speaking order/Non-speaking order drm

https://www.mhc.tn.gov.in/judis Crl.M.P.No.7133 of 2022 in Crl.A.No.540 of 2022

To

1. The Sessions Judge Special Court for Exclusive Trial of Cases under POCSO Act, Cuddalore.

2. The Public Prosecutor, Madras High Court.

https://www.mhc.tn.gov.in/judis Crl.M.P.No.7133 of 2022 in Crl.A.No.540 of 2022

D.BHARATHA CHAKRAVARTHY. J.,

drm

Crl.M.P.No.7133 of 2022 in Crl.A.No.540 of 2022

30.06.2022

https://www.mhc.tn.gov.in/judis