Jayasudha Balakrishnan 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 on 30.09.2025 in SPL.S.C.No.338 of 2024 on the learned sessions judge, Special court for exclusive trial of cases under POCSO Act, Chennai and release the petitioner on bail till the disposal of the Crl.A.No.1811 of 2025l.

¶2The petitioner herein is the accused in SPL.S.C.No.338 of 2024 on the file of the learned earned sessions judge, special court for exclusive trial of cases under POCSO Act, Chennai. He was found guilty of the offence under Section 87 of BNS and sentenced to 10 years R.I and to pay a fine of Rs.1,000/- in default to undergo for one month s.I and further convicted u/s 6 of POCSO Act 2012 of BNS and sentenced to undergo 20 years R.I and to pay a fine of Rs.1,000/- in default to undergo for one month. The above sentences have ordered to be run concurrently and the period of imprisonment already undergone by the accused has ordered to be set off under Section 428 of Cr.P.C, against which, the present appeal has been filed.

¶3The learned counsel for the petitioner/accused would submit that there are arguable points available in the Criminal appeal and the petitioner/accused has got a fair chance of succeeding in the Criminal appeal and hence, the substantive sentence imposed against the petitioner/accused may be suspended. He would submit that the petitioner is ready to abide the condition imposed by this Court.

¶4Considering the facts and circumstances of the case coupled with the quantum of punishment imposed upon the petitioner, also by considering the submissions of the learned counsel for the petitioner, 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/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 must be a blood related surety, each for a like sum to the satisfaction of the learned sessions judge, Special court for exclusive trial of cases under POCSO Act, Chennai

(b) 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.

(c) The petitioner shall appear before the Trial Court on every Tuesday 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.

¶5With the above directions, this Criminal Miscellaneous Petition is ordered. 26-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes To.

¶1The learned sessions judge, Special court for exclusive trial of cases under POCSO Act, Chennai.

¶2The Special Prison for Women, Puzhal, Chennai -66

¶3The Inspector of Police,W-17, All Women Police Station, Peravallur, Chennai

82.

¶3The Public Prosecutor, High Court ,Madras CRLeMPeNo.e22498eofe2025 T.V.THAMILSELVI,J. smn CRLoMPoNo.o22498oofo 2025 INoCRLoAoNO.o1811oOFo 2025 26-11-2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26-11-2025 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI IN CRL A NO. 1811 OF 2025 Jayasudha Balakrishnan D/o.Balakrishnan, No.52, maduraisamy madam street, sembium, perambur, chennai-11. (Now confined as a convict prisoner in the special prison for women, puzhal, chennai-66) Petitioner(s) Vs The State Rep. by the Inspector of Police, W-17, All Women Police Station, Peravallur, Chennai 82. (Cr.No.534/2024) Respondent(s) PRAYER To suspend the sentence imposed against the petitioner on 30.09.2025 in SPL.S.C.No.338 of 2024 on the learned sessions judge, special court for exclusive trial of cases under POCSO Act, Chennai and release the petitioner on bail till the disposal of the Crl.A.No.1811 of 2025. For Petitioner(s): P.Pugalenthi K.Sakthivel Y.Gomathi For Respondent(s): Mr.V. Meganathan, Govt Advocate