Charles @ Charles Rajadurai v. The State Rep. by the Inspector of Police

ORDER This Criminal Miscellaneous Petition has been filed by the petitioner, to suspend the sentence imposed against the petitioner in Spl.S.C.No.6 of 2022, dated 31.10.2025 by the learned Sessions Special Court for Exclusive Trial of Cases under POCSO Act, at Chennai and enlarge him on bail.

¶2The petitioner herein is the accused in Spl.C.C.No.6/2022, on the file of the Sessions Special Court for Exclusive Trial of Cases under POCSO Act, at Chennai, and convicted for the offence under Sections 10 and sentenced him to undergo rigorous imprisonment for 5 years and imposed a fine of Rs.5,000/- in default to pay the fine the appellant shall undergo 1 months simple imprisonment, and under Section 12 and sentenced him to undergo Rigorous imprisonment for 1 year and fine of Rs.1,000/- in default, to undergo Simple imprisonment for a month, against which the present Criminal appeal has been filed.

¶3The learned counsel for the petitioner submitted that he was falsely implicated in this case, as if he committed penetrative sexual assault to the victim girl. The prosecution failed to establish the case beyond reasonable doubt, and the telephonic conversation recorded on the CD was not supported by the requisite certificate under Section 65(B) of the Evidence Act. In spite of this, he was convicted, and he is ready to abide by any conditions imposed by this Court. He further submitted that he is aged about 37 years, while the victim is aged about 12 years.

¶4The learned prosecution raised strong objections stating that at the time of occurrence, the victim girl was aged about 12 years and the petitioner committed sexual assault, due to which she was conceived. Therefore he raised strong objections to suspend the sentence.

¶5Considering the facts and circumstances of the case, the appellant is ready to comply with any conditions imposed, and as his family has suffered due to his prolonged incarceration, and the victim girl is presently under the safe custody of her parents, further this Criminal appeal is not likely to be taken for final hearing in the near future, this Court is of the view that the substantive sentence of imprisonment alone can be suspended on certain conditions. Accordingly, till the disposal of the Criminal appeal, the reliefs of suspension of sentence and bail are granted on the following conditions:

(a) the petitioner is directed to deposit a sum of Rs.30,000/- to the credit of Spl.SC.No.6 of 2022, on the file of the Sessions Special Court for Exclusive Trial of Cases under POCSO Act, at Chennai, within a period of two weeks from the date of his release. Failing which, the suspension of the sentence shall stand automatically cancelled.

(b) the petitioner/accused is ordered to be released on bail, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, in which one surety shall be a blood related surety, each for a like sum to the satisfaction of the learned Sessions Special Court for Exclusive Trial of Cases under POCSO Act, at Chennai.

(c) The petitioner/accused 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 Pass Books to ensure their identities.

(d) The petitioner shall report before the respondent police on every Tuesday at 10.30 a.m, and also shall appear before the Trial Court on every Saturday at 10.30 a.m., until the disposal of the Criminal 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.

(e) the victim girl is permitted to withdraw the amount deposited by the petitioner in Spl.SC.No.6 of 2023, for the mental agony caused by the petitioner.

(f) the petitioner shall not to have any communicate with the victim girl and her family members.

¶6With the above directions, this Criminal Miscellaneous Petition is ordered. 13-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri To

1.The State Rep. By The Inspector of Police W-17, Sembium All Women Police Station, Perambur, Chennai - 600 011. Crime No. 01/2021

2.The Sessions Special Court for Exclusive Trial of Cases under POCSO Act, at Chennai.

3.The Superintendent, Central Prison, Puzhal, Chennai.

4.The Public Prosecutor, High Court of Madras, Chennai. CRLeMPeNo.e21338eofe2025 T.V.THAMILSELVIoJ. rri CRLoMPoNo.o21338oofo 2025 INoCRLoAoNO.o1742oOFo 2025 13-11-2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-11-2025 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI IN CRL A NO. 1742 OF 2025 Charles @ Charles Rajadurai S/o.Keerthi Kumar, No.1, Kattabomman Street, Venkatesan Nagar, G.K.M.Colony, Chennai-82. Petitioner(s) Vs The State Rep. by The Inspector of Police W-17, Sembium All Women Police Station, Perambur, Chennai - 600 011. Crime No. 01/2021 Respondent(s) For Petitioner(s): Mr.C.D. Johnson For Respondent(s): Dr.C.E.Pratap Government Advocate (Crl.Side)