Madras High Court
Vijayakumar vs The State Rep. By on 15 September, 2025
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
Crl.M.P.No.17033 of 2025 in
Crl.A.No.1441 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.09.2025
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
Crl.M.P.No.17033 of 2025
in Crl.A.No.1441 of 2025
Vijayakumar .... Petitioner
Vs
The State Rep. by
The Inspector of Police,
W-4, All Women Police Station,
Kilpauk,
Chennai – 600 010.
(Crime No.9/2018) .... Respondent
PRAYER: Criminal Miscellaneous Petition filed under Section 430 (1)
B.N.S.S, to suspend the sentence imposed against the petitioner dated
29.11.2023 in S.C.No.67 of 2020 by the Learned Sessions Judge, Special Court
for Exclusive Trial of Cases under POCSO Act, Chennai and enlarge the
petitioner on bail pending disposal of the above criminal appeal.
For Petitioner : Ms.S.Sadhana
For Respondent : Mr.V.Meganathan
Government Advocate (Crl.Side)
1/6
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Crl.M.P.No.17033 of 2025 in
Crl.A.No.1441 of 2025
ORDER
This Criminal Miscellaneous Petition has been filed by the petitioner,
seeking suspension of sentence imposed against the petitioner dated 29.11.2023
in S.C.No.67 of 2020 by the Learned Sessions Judge, Special Court for
Exclusive Trial of Cases under POCSO Act, Chennai and enlarge the petitioner
on bail pending disposal of the above criminal appeal.
2.The petitioner herein is the accused in S.C.No.67 of 2020 on the file of
the Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO
Act, Chennai. He was found guilty for the offence under Section 6 of POCSO
Act, 2012 and 506(ii) of IPC. After the trial in S.C.No.67/2020, the learned
Sessions Judge (Special Court for Exclusive Trial of Cases under POCSO Act)
Chennai by judgment dated 29.11.2023 had convicted the petitioner and
sentenced to undergo rigorous imprisonment for 10 years and sentenced to
undergo 3 years imprisonment and also to pay the fine of Rs.10,000/-.
Aggrieved by the same, the present petition has been filed.
3.The learned counsel for the petitioner/accused would submit that there
are arguable points available in the Criminal Appeal and the petitioner/accused
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Crl.M.P.No.17033 of 2025 in
has got a fair chance of succeeding in the Criminal Appeal. Learned counsel
would further submit that the petitioner has been falsely implicated in this case
by the prosecution and hence, the substantive sentence imposed against the
petitioner/accused may be suspended and the petitioner is ready to abide any
condition to be imposed by this Court.
4.Per contra, the learned Government Advocate (Criminal Side)
appearing for the respondent/State raised serious objection for allowing this
petition.
5.Heard the learned counsel appearing on either side and also perused the
materials placed on record.
6.Considering the submissions of the learned counsel for the petitioner,
coupled with the quantum of punishment imposed upon the petitioner and
taking into consideration the fact that this criminal appeal is not likely to be
taken for final hearing in the near future and considering the fact that the victim
girl got married another man and living separately, this Court is of the view that
the substantive sentence of imprisonment alone can be suspended on certain
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Crl.M.P.No.17033 of 2025 in
conditions. Accordingly, till the disposal of the Criminal Appeal, the reliefs of
suspension of sentence and bail are granted on the following conditions:
(i) The petitioner shall execute a bond for a sum of
Rs.25,000/- with two sureties, each for a likesum to the
satisfaction of the trial court;
(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 and mobile numbers to ensure their identity;
(iii) 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 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 the date of his absence, as directed by the trial Court;
7.With the above directions, this Criminal Miscellaneous Petition is
ordered.
15.09.2025
Index : Yes/No
Neutral citation : Yes/No
Speaking/non-speaking order
pam
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Crl.M.P.No.17033 of 2025 in
To
1.The Central Prison -1,
Puzhal, Chennai.
2.The Sessions Judge,
Special Court for Exclusive Trial of Cases under POCSO Act,
Chennai.
3.The Inspector of Police,
W-4, All Women Police Station,
Kilpauk,
Chennai – 600 010.
(Crime No.9/2018)
4.The Public Prosecutor,
High Court of Madras.
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Crl.M.P.No.17033 of 2025 in
T.V.THAMILSELVI, J.
pam
15.09.2025
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