V.Sivakumar v. The State Rep by the Inspector of Police

ORDER This Criminal Miscellaneous Petition has been filed seeking suspension of sentence imposed on the petitioner by the judgement dated 29.06.2026 passed in Spl.S.C.No.128 of 2023 on the file of the Special Court to deal with cases related to POCSO Act, Vellore pending disposal of the Criminal Appeal.

¶2The conviction and sentence imposed on the petitioner/appellant, vide impugned judgment dated 29.06.2026 are as follows:- Sl. No. Section Imprisonment Fine amount

¶1U/s. 451 of IPC Sentenced

to

Rigorous Imprisonment for 2 years and imposed a fine of Rs.2,000/-(Two Thousand Only) in default to undergo Simple Imprisonment for three months. Rs.2,000/-

¶2U/s.7 r/w 8 of Protection

of Children

from Sexual Offences Act, 2012. Sentenced

to

Rigorous Imprisonment for 3 years and imposed a fine of Rs.10,000/-(Ten Thousand Only) in default to undergo Simple Imprisonment for three months. Rs.10,000/-

¶3Aggrieved by the same, the petitioner has filed Crl.A.No.926 of 2026 before this Court along with the instant criminal miscellaneous petition seeking suspension of sentence and bail.

¶4The case of the prosecution is that the appellant and the victim became acquainted through Instagram in 2021. Upon coming to know about their interaction, the victim's parents relocated to Arakkonam in 2022 to study in the 8th standard. She later returned to Vellore to peruse her 9th standard studies. On

03.07.2023 at about 11 p.m., while the victim was sleeping in her house, the appellant allegedly jumped over the compound wall, called her to the terrace through the bedroom window, forcibly hugged her, kissed her on her lips, and forced her to lie down in an attempt to commit sexual assault.

¶5The learned counsel for petitioner would submit that there are several inconsistencies in the evidence of the victim girl and other witnesses; that the petitioner has raised substantial grounds in the above appeal which require consideration.

¶6Heard the learned Government Advocate (Crl. Side) for the respondent and perused the materials available on record.

¶7The petitioner has raised substantial grounds in the above appeal. There are several inconsistencies in the evidence pointed out by the learned counsel which requires consideration. The trial Court has suspended the sentence. The appeal is not likely to be taken up in the near future. Hence, this Court is inclined to grant the relief of suspension of sentence to the petitioner.

¶8Accordingly, this criminal miscellaneous petition stands allowed and the sentence imposed on the petitioner is suspended till the disposal of the above criminal appeal and the petitioner is ordered to be released on bail on the following conditions:

(i) The petitioner/Appellant/Accused shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties, each for a like sum to the satisfaction of the learned Special Court to deal with cases related to POCSO Act, Vellore;

(ii) The Petitioner/Appellant/Accused and the sureties shall affix their photographs and Left Thumb Impressions 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 and;

(iii) The petitioner/Appellant/Accused shall appear before the trial Court at 10.30 a.m., once in every three months, without fail, until further orders;

(iv) On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

¶9Accordingly, this Criminal Miscellaneous Petition stands ordered. 28-07-2026 Jd To

¶1The Special Court to deal with cases related to POCSO Act, Vellore.

¶2The Inspector of Police, Katpadi All Women Police Station, Crime No.7/2023.

¶3The Public Prosecutor, Madras High Court. CRLoMPoNo.o13615oofo2026 M.NIRMALoKUMARoJ. jd CRLoMPoNo.o13615oofo 2026 in CRLoAoNo.o926oofo2026 28-07-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-07-2026 CORAM THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR in CRL A No. 926 of 2026 V.Sivakumar Petitioner Vs The State of Tamil Nadu Represented by the Inspector of Police, Katpadi All Women Police Station, Crime No.7/2023. Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 430(1) of BNSS, 2023, to suspend the sentence imposed on the petitioner by the Judgement dated 29.06.2026 passed in Spl.S.C.No.128/2023 on the file of the Special Court to deal with cases related to POCSO Act, Vellore pending disposal of the Criminal Appeal. For Appellant(s): Mr.G.R.Hari for Mr.Raja.M For Respondent(s): Ms.Sharada Vivek Government Advocate (Crl. Side)