Sathyamurthy @ Sathya v. State By

BAIL SLIP The Petitioner/Accused viz, Sathyamurthy @ Sathya S/o.Kanakaraj, be and hereby was directed to be released on bail as per order of this Court, dated 23.04.2015 made in M.P.No.1 of 2015 in Crl.R.C.NO.332 of 2015.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN CRL.R.C.NO.332 OF 2015 Sathyamurthy @ Sathya ... Petitioner .. Vs ..

State by Inspector of Police, G.I.Uthagamandalam Police Station, The Nilgiris (Crime No.245/2007) ....Respondent Prayer :- Criminal Revision filed under Sections 397 and 401 of the Criminal Procedure Code, to call for the records of the learned Mahalir Sessions (Fast Track) Court, Uthagamandalam, The Nilgiris and set aside the judgment passed by him made in C.A.No.21 of 2010 dated 03.02.2015, confirming the conviction and sentence passed by the learned Judicial Magistrate, Uthagamandalam the Nilgiris made in C.C.No.235 of 2007 dated 24.06.2010, convicting the petitioner herein for the offence under Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act and sentencing him to undergo one year R.I and to pay fine of Rs.10000/- in default to undergo three months S.I.

For Petitioner : Mr.T.Shanmugam For Respondent : Mr.R.Vinoth Raja, Government Advocate (Crl.Side)

ORDER

This criminal revision is filed by the convicted accused for the offence under Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, wherein he was sentenced to undergo one year Rigorous Imprisonment and to pay Rs.10,000/- fine.

2. It appears that when Criminal Appeal No.21/2010 was listed before the Mahila Court, Udhagamandalam, the learned counsel for the appellant has not appeared and hence in the absence of the learned counsel for the appellant, the judgment has been pronounced by the lower Appellate Court.

3. It is settled law that when there is a conviction, the appellate Court either must hear the learned counsel for the appellant, or appoint a Legal-Aid-Advocate as Amicus Curiae.

4. This Criminal Revision Petition is disposed of accordingly and the conviction passed in Crl.A.No.21/2010 is set aside. The matter is remitted back to the learned Mahalir Sessions Court (Fast Track), Udhagamandalam to dispose of the same in accordance with law within a period of four months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar(L.A) // True Copy // Sub Assistant Registrar nvi

To

1. The Mahalir Sessions (Fast Track) Court, Uthagamandalam

2. The Judicial Magistrate, Uthagamandalam the Nilgiris.

3. The Superintendent, Central Prison, Coimbatore.

4. The Inspector of Police, G.I.Uthagamandalam Police Station, The Nilgiris.

5. The Public Prosecutor, High Court, Madras.

Copy To The Section Officer, Criminal Section, High Court, Madras.

Crl.R.C.No.332 of 2015 PA(CO) RLP(05/10/2021)