[Cites 3, Cited by 0]
Madras High Court
Venkatachalapathy vs The State Rep. By The Inspector Of Police on 17 April, 2026
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
CRL.MP.No.6766 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17-04-2026
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA
CRL.MP.No.6766 of 2026
in CRL.A.No.454 of 2026
Venkatachalapathy
..Petitioner(s)
Vs.
The State rep. by
The Inspector of Police,
All Women Police Station,
Krishnagiri,
Krishnagiri District.
Cr.No.39/2023
..Respondent(s)
Prayer : Criminal Miscellaneous Petition filed under Section 430(1) r/w. 483
of BNSS, 2023, praying to suspend the sentence imposed against the
petitioner on 24.03.2026 in Spl.S.C.No.14/2024 by the learned Sessions
Judge, Fast Track Mahila Court, Krishnagiri, Krishnagiri District, and enlarge
the petitioner on bail, pending disposal of the Criminal Appeal.
For Petitioner : Mr.E.Kannadasan
For Respondent : Ms.J.R.Archana,
Government Advocate (Criminal Side)
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CRL.MP.No.6766 of 2026
ORDER
This Criminal Miscellaneous Petition has been filed seeking
suspension of sentence of imprisonment, imposed by the learned Sessions
Judge, Fast Track Mahila Court, Krishnagiri District in Spl.S.C.No.14 of
2024 vide judgment dated 24.03.2026, pending disposal of the Criminal
Appeal.
2. The petitioner/appellant was convicted for the offence under Section
7 r/w. 8 of the Protection of Children from Sexual Offences Act, 2012, and
was sentenced to undergo rigorous imprisonment for 3 years and to pay a fine
of Rs.1,000/-, in default, to undergo simple imprisonment for 6 months.
3. The case of the prosecution is that the petitioner/appellant had
inappropriately touched the minor victim girl (P.W.2). Based on the
complaint given by P.W.1 (mother of the victim girl), the respondent/Police
registered a case in Crime No.39 of 2023 for the offence under Section 7 r/w.
8 of the POCSO Act. After the final report was filed, the case was taken up
for trial by the learned Sessions Judge, Fast Track Mahila Court, Krishnagiri
District.
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4. During the trial, the prosecution examined 12 witnesses and marked
7 documents. On the side of the defence, the petitioner/appellant examined
himself as D.W.1. When the petitioner/appellant was questioned under
Section 313 of Cr.P.C., he denied all incriminating circumstances.
5. After hearing the arguments of both sides, the Trial Court found the
petitioner/appellant guilty and convicted him as aforementioned. Aggrieved
by the said conviction and sentence, the petitioner/appellant has preferred the
present appeal along with a petition seeking suspension of sentence.
6. The learned counsel for the petitioner/appellant submitted that the
Trial Court failed to appreciate the material contradictions between the
testimonies of P.W.1 (mother of the victim girl) and P.W.2 (victim girl). He
further submitted that although the petitioner/appellant deposed as a defence
witness, the Trial Court failed to consider his evidence in its proper
perspective. The learned counsel further submitted that the
petitioner/appellant was on bail throughout the trial and he did not misuse the
liberty granted to him during that period. Consequently, the Trial Court has
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suspended his sentence till 21.04.2026. Further, he submitted that there are
arguable points in the Criminal Appeal, which is unlikely to be taken up for
final hearing in the near future and that the petitioner/appellant has a fair
chance of succeeding in the appeal and hence, the sentence imposed on the
petitioner/appellant may be suspended.
7. Per contra, the learned Government Advocate (Criminal Side)
appearing for the respondent Police vehemently opposed the petition for
suspension of sentence and subsequent bail. She submitted that the
petitioner/appellant had inappropriately touched the minor victim girl (P.W.2)
and the Trial Court, after a meticulous evaluation of the evidence on record,
correctly arrived at a finding of guilt.
8. Heard the learned counsel for the petitioner/appellant and the learned
Government Advocate (Criminal Side) for the respondent Police and perused
the materials on record.
9. Considering the facts and circumstances of the case and also
considering the submissions made by the learned counsel on either side, this
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Court is inclined to grant the relief of suspension of sentence to the petitioner,
till the disposal of the criminal appeal, on the following conditions :-
i. The petitioner shall execute a bond for a sum of Rs.15,000/-
(Rupees Fifteen Thousand only), with two sureties, each for a like
sum to the satisfaction of the learned Sessions Judge, Fast Track
Mahila Court, Krishnagiri District.
ii. The petitioner 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
Passbooks to ensure their identities.
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
further orders.
10. This Criminal Miscellaneous Petition stands ordered accordingly.
17-04-2026
Sni
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A.D.JAGADISH CHANDIRA, J.
Sni
To
1.The Inspector of Police,
All Women Police Station,
Krishnagiri, Krishnagiri District.
2.The Sessions Judge,
Fast Track Mahila Court,
Krishnagiri District.
3.The Public Prosecutor,
High Court of Madras.
17-04-2026
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