Elangovan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2023

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Crl.MP No.2988 of 2023 in Crl.A No.204 of 2023 Elangovan ... Petitioner Vs.

State Rep. by the Inspector of Police, All Woman Police Station, Jeyamkondam, Ariyalur District.

(Crime No.3/2022) ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 389(1) of Cr.P.C. to suspend the sentence imposed on the petitioner in Special S.C.No.42 of 2022, vide order dated 11.01.2023 passed by the learned Fast Track Mahila Neethimandram, Ariyalur, and enlarge the petitioner on bail, pending disposal of the Criminal Appeal.

For Petitioner : Mr.R.Ravichandran For Respondent : Mr.C.E.Pratap Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed to suspend the sentence imposed on the petitioner, in Special S.C.No.42 of 2022, vide order dated 11.01.2023 passed by the learned Judge, Fast Track Mahila Neethimandram, Ariyalur, and enlarge the petitioner on bail, pending disposal of the Criminal Appeal.

2. The learned Trial Judge, vide order dated 11.01.2023 passed in Special S.C.No.42 of 2022, convicted and sentenced the petitioner, as extracted hereunder.

provision under which convicted Sentence Sec.10 of POCSO Act 7 years rigorous imprisonment and to pay a fine of Rs.50,000/-, in default, to undergo 6 months simple imprisonment.

Sec.366 IPC 10 years rigorous imprisonment and to pay a fine of Rs.10,000/-, in default, to undergo 1 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.

5. The learned counsel for the petitioner submitted that there are arguable points in the Criminal Appeal. He further submitted that, the petitioner is in judicial custody from 11.01.2023 and hence, prayed for suspension of sentence.

6. Heard the learned counsel for the petitioner and the learned Government Advocate(Crl. side) appearing for the respondent and perused the impugned judgment and the materials on record.

7. Taking into consideration of the above submission of the learned counsel appearing on both sides, 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.

8. 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 Judge, Fast Track Mahila Neethimandram, Ariyalur, (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 Trial Court, as and when required.

01.03.2023 dn To

1.learned Judge, Fast Track Mahila Neethimandram, Ariyalur,

2. The Superintendent, Central Prison, Trichy. 3.The Inspector of Police, All Woman Police Station, Jeyamkondam, Ariyalur District.

(Crime No.3/2022)

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

V.SIVAGNANAM, J., dn Crl.M.P.No.2988 of 2023 in 01.03.2023