Velayutham v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.06.2020 counsellate

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.MP.No. 2017 of 2020 in Crl.A.No.106 of 2020 Velautham .. Petitioner Vs State represented by The Deputy Superintendent of Police, Thirukollur, All Women Police Station, Thirukoilur, Villupuram District.

(Crime No. 56 of 2014) .. Respondent Criminal Miscellaneous Petition filed under Section 389(1) of Cr.P.C, praying to suspend the sentence imposed in Spl. S.C.No.265 of 2015 dated 26.9.2019 passed by the Special Court of Sessions for SC & ST Act, Villupuram and enlarge the petitioner on bail, pending disposal of the above Criminal Appeal.

For Petitioner : Mr. R. Sankarasubbu For Respondent : Mr.M.Mohammed Riyaz Additional Public Prosecutor

O R D E R

This Criminal Miscellaneous petition has been filed seeking for suspension of sentence imposed by the learned Sessions Judge, Special Court of Sessions for SC & ST Act, Villupuram, by judgment dated 26.09.2019 in Spl.S.C.No.265 of 2015.

2.Mr.R.Sankarasubbu, learned counsel appearing for the petitioner submitted that the petitioner has been living with the victim girl even after the alleged incident and recently, she delivered a second child. The learned counsel further submitted that the petitioner has been suffering incarceration from 26.09.2019 onwards till date.

3.The learned Additional Public Prosecutor on instructions submitted that the victim girl delivered her second child some days back.

4.Taking into consideration the facts and circumstances of the case and the long incarceration suffered by the petitioner, this Court is inclined to suspend the sentence imposed by the Court

below, pending disposal of the Criminal Appeal, subject to the following conditions :- (i) the petitioner shall execute his own bond for a sum of Rs.5,000/-(Rupees Five Thousand Only) before the Superintendent of Prison, Cuddalore.

(ii) the petitioner shall furnish two sureties, out of which one surety shall be a blood relative, to the satisfaction of the learned Judicial Magistrate, Thirukoilur, within a period of 15 days from the date of lifting of lock down period, failing which the bail granted shall stand automatically dismissed.

(iii) the petitioner shall deposit the compensation amount awarded by the trial Court, within a period of four weeks after coming out on bail.

(iv) the petitioner shall report before the trial Court on the first working day of every month at 10.30 a.m., until further orders. (v)the petitioner shall not move out of Tamil Nadu without the leave of this Court.

6.Accordingly, this Criminal Miscellaneous Petition is ordered. -sd/- 19/06/2020 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, THIRUKOILUR 2 THE SESSIONS JUDGE, SPECIAL COURT OF SESSIONS FOR SC & ST ACT, VILLUPURAM 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 DEPUTY SUPERINTENDENT OF POLICE, THIRUKOILUR, ALL WOMEN POLICE STATION, THIRUKOILUR, VILLUPURAM DISTRICT.

5 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.

C.C. to M/S.R.SANKARASUBBU Advocate on payment of necessary charges Order in CRL MP.2017/2020 in CRL A.106/2020 Date :19/06/2020 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RVR 30/06/2020