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Madras High CourtCRL MP/1608/2023ordered

Govindaraj v. State Rep.By

2023-03-31Honourable Mr Justice V.Sivagnanam6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.03.2023

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Crl.MP No.1608 of 2023 in Crl.A No.126 of 2023 Govindaraj ... Petitioner Vs.

State rep. by the Inspector of Police, All Woman Police Station, Ulundurpet.

(Crime No.20/2019) ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 389(1) of Cr.P.C. to suspend the sentence imposed on the petitioner in S.C.No.16 of 2021, vide order dated 07.01.2023 passed by the learned Sessions Judge, Fast Track Mahila Court, Villupuram, and enlarge the petitioner on bail, pending disposal of the Criminal Appeal.

For Petitioner : Mr.S.Saravana Kumar For Respondent : Mr.A.Gokulakrishnan, Additional Public Prosecutor

O R D E R

This petition has been filed to suspend the sentence imposed on the petitioner, in S.C.No.16 of 2021, vide order dated 07.01.2023 passed by the learned Sessions Judge, Fast Track Mahila Court, Villupuram, and enlarge the petitioner on bail, pending disposal of the Criminal Appeal. 2.The learned Trial Judge, vide order dated 07.01.2023 passed in S.C.No.16 of 2021, convicted and sentenced the petitioner, as extracted hereunder.

provision under which convicted Sentence Sec.451 IPC To undergo 2 years rigorous imprisonment and to pay a fine of Rs.3000/-, in default, to undergo 3 months simple imprisonment.

Section 342 IPC To undergo 1 year rigorous imprisonment and to pay a fine of Rs.1000/-, in default, to undergo 3 months simple imprisonment.

Sec.376 IPC To undergo 10 years rigorous imprisonment and to pay a fine of Rs.10000/-, in default, to undergo 3 months simple imprisonment.

3.Aggrieved by the judgment of conviction passed by the Trial Court, the petitioner filed the present Criminal Appeal along with the instant petition, seeking to suspend the sentence of imprisonment. 4.The learned counsel for the petitioner submitted that the judgement of the trial Court is contrary to law, weight of evidence and probabilities of the case. He would further submit that there is material discrepancies in the evidence of PW1/the victim well as the eye witnesses viz., Pws.4, 8 and 9 are Doctors, who treated the victim found no injury on her body and hence, there are arguable points in the above Criminal Appeal and the petitioner has every chance to succeed in this Criminal Appeal. He further submitted that already, the petitioner has paid the fine amount and hence, prayed for suspension of sentence. He further submitted that, the petitioner is in judicial custody from 07.01.2023 and hence, prayed for suspension of sentence.

5.Heard the learned counsel for the petitioner and the learned

Additional Public Prosecutor appearing for the respondent and perused the impugned judgment and the materials on record. 6.Taking into consideration of the above submission of the learned counsel appearing on both sides, since there is material discrepancies in the evidence of the eye witnesses viz., Pws.4, 8 and 9, this Court finds that, the petitioner has substantial grounds in this Criminal Appeal, which require detailed appraisal. Therefore, this Court is of the view that the petitioner is entitled to the relief of suspension of sentence.

7. Accordingly, it is ordered as follows:- (i) The substantive sentence of imprisonment alone is suspended and the petitioner is directed to be enlarged on bail on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate II, Ulundurpet. (ii) The petitioner 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 shall appear before the above said Court, as and when required.

31.03.2023 (2/2) dn To 1.learned learned Sessions Judge, Fast Track Mahila Court, Krishnagiri

2. The Superintendent, Central Prison, Cuddalore. 3.The learned Judicial Magistrate II, Ulundurpet. 4.The Inspector of Police, All Woman Police Station, Ulundurpet, Kallakurichi District.

(Crime No.20/2019)

4. The Public Prosecutor, High Court of Madras, Chennai.

V.SIVAGNANAM, J., dn Crl.M.P.No.1608 of 2023 in 31.03.2023 (2/2)