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Madras High CourtCRL MP/392/2023ordered

Yogeswaran v. The State Rep By Its,

2023-01-11Honourable Mr Justice V.Sivagnanam7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 11.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Crl.M.P.No.392 of 2023 in Crl.A.No.36 of 2023

1. Yogeswaran

2. Krishnaveni ... Petitioners Vs.

The State represented by The Inspector of Police, E3, Saravanampatty Police Station In Crime No. 652/2016 Coimbatore District ... Respondent Prayer: Criminal Miscellaneous Petition filed under Section 389(1) Cr.P.C. to suspend the sentence imposed in Judgment and conviction made in S.C.No.93 of 2018 dated 22.12.2022 on the file of the Sessions Court, Mahila Court/Additional Special Court for Exclusive Trial of cases under POCSO Act, Coimbatore and release the petitioners on bail pending criminal appeal For Petitioners : Mr.S. Bharanidharan For Respondent : Mr.C.E.Pratap Government Advocate (Crl. Side)

ORDER

This petition has been filed to suspend the conviction and sentence imposed on the petitioners in S.C.No.93 of 2018 dated 22.12.2022 on the file of the Sessions Court, Mahila Court/Additional Special Court for Exclusive Trial of cases under POCSO Act, Coimbatore and release the petitioners on bail pending criminal appeal.

2. The petitioners Yogeswaran (A1) and one Krishnaveni(A2) are the accused persons in S.C.No.93/2018 on the file of the Sessions Court, Mahila Court/ Additional Special Court for Exclusive Trial of cases under POCSO Act, Coimbatore. The Trial Court, by judgment dated 22.12.2022 convicted and sentenced the accused persons, as extracted hereunder. Conviction and sentence imposed on A1 Conviction under Section Sentence Section 498 (A) of I.P.C Two years imprisonment and Rs.1,000/- is imposed as fine in default of which he shall undergo one month simple imprisonment.

Section 306 of IPC Seven Year Imprisonment and Rs.500 is imposed as fine and in default of which he shall undergo three months siple imprisonment.

Conviction under Section Sentence The above sentences were ordered to run concurrently. Conviction and sentence imposed on A2 Conviction under Section Sentence Section 498(A) of I.P.C One Year Imprisonment and Rs.1,000/- is imposed as fine in default of which she shall undergo two months simple imprisonment.

3. Challenging the conviction and sentence slapped by the Trial Court the petitioners are before this Court.

4. The learned counsel for the petitioners submitted that there are arguable points in this Criminal Appeal. He further submitted that A1 is now confined at Central prison, Coimbatore and with regard to A2 his sentence is suspended by Trial Court. He further submitted that already the petitioners have paid the fine amount of Rs.2,500/- and now A1 in custody and hence, prayed for suspension of sentence.

5. Heard the learned Government Advocate(Crl. side) appearing for the respondent and perused the impugned judgment and the materials on

record.

6. Taking into consideration the above submission of the learned counsel appearing on both sides, this Court finds that the petitioners have substantial grounds in this Criminal Appeal, which require detailed appraisal. Therefore, this Court is of the view that the petitioners are entitled to the relief of suspension of sentence.

7. As A1 is now confined at Central prison, the condition with regard to A1 are as follows.

(i) The substantive sentence of imprisonment alone is suspended and the petitioner/A1 is directed to be enlarged on bail on condition that the petitioner/A1 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 Judicial Magistrate No.II, Coimbatore. (ii) The petitioner/A1 and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Trial Court may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. (iii) The petitioner/A1 shall appear before the Trial Court, as and when required.

7.1.As regards A2 sentence is already suspended by Trial Court,

Hence, the condition with regard to A2 are as follows. i) The substantive sentence of imprisonment alone is suspended and the petitioner/A2 shall surrender before the Trial Court within two weeks from the date of receipt of a copy of this order and on such surrender, the petitioner/A2 is ordered to be released on bail on his executing 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 Judicial Magistrate No.II, Coimbatore (ii) The petitioner/A2 and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Trial Court may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. (iii) The petitioner/A2 shall appear before the Trial Court as and when required.

11.01.2023 (1/2) Index:Yes/No Internet:Yes/No smn To 1.The learned Special Court for Exclusive Trial of cases under POCSO Act, Coimbatore.

2.The Superintendent, Central Prison, Coimbatore 3.The Public Prosecutor, High Court, Madras.

V.SIVAGNANAM , J.

smn Crl.M.P.No.392of 2023 in Crl.A.No.36 of 2023 11.01.2023 (1/2)