Prakash v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.06.2022 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Crl.M.P.No.3874 of 2022 in Crl.A.No.333 of 2022 Prakash ... Petitioner/Appellant
Versus
The State of Tamil Nadu, Rep. by Inspector of Police, All Women's Police Station, Villupuram, Villupuram District.
... Respondent/Respondent Prayer: Criminal Miscellaneous Petition filed under Section 389(1) of the Code of Criminal Procedure to suspend the sentence passed by the learned Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court), Villupuram in S.C.No.30 of 2020, dated 23.02.2022, for the offence under Sections 376, 375, r/w 90 of I.P.C and enlarge the petitioner on bail pending the disposal of the above Criminal Appeal. For Petitioner : Mr.M.Devaraj For Respondent : R.Vinoth Raja Govt. Advocate (Crl. Side)
ORDER
This Criminal Miscellaneous Petition is to suspend the sentence passed by the learned Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court), Villupuram in S.C.No.30 of 2020, dated 23.02.2022, for the offence under Sections 376, 375, r/w 90 of I.P.C and enlarge the petitioner on bail pending the disposal of the above Criminal Appeal.
2. Heard the learned Counsel for the petitioner and learned Government Advocate (Criminal Side) for the respondent.
3. The learned Counsel for the petitioner would submit that this is a case of eight long years of love affair and having a consensual relationship and the Trial Court erred in convicting the petitioner.
4. Per contra, the learned Government Advocate would refuse the same by stating that P.W.1 had deposed that the intercourse was par with the promise to marry and thereafter, there is suspicion and therefore, there is no consent and the Trial Court has rightly convicted the petitioner.
5. I have considered the rival submissions made on either side and perused the materials on record and considering the ground raised in the appeal for the purpose of prima facie case, I am of the view that this is the fit case for suspension of sentence and grant bail to the petitioner on the following conditions:- (a) the petitioner is ordered to be released on bail, on his executing 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 Trial Court;
(b) the petitioner and the sureties shall affix their photographs and left thumb impressions in the surety bonds and the learned Judge may obtain a copy of their Aadhar Cards or Bank Pass books to ensure their identities;
(c) the petitioner shall appear before the Trial Court on the first working day of every English Calendar Month at 10.30 A.M until the disposal of the Criminal Appeal and if he is not able to appear before the Trial Court on any day, he shall make arrangements to file an application under Section 317 of Cr.P.C., and shall appear before the Trial Court on any other day in lieu of the date of his absence, as directed by the Trial Court.
7. This Criminal Miscellaneous Petition is ordered accordingly. -sd/- 23/06/2022 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 SESSIONS JUDGE, MAGALIR NEETHIMANDRAM (FAST TRACK MAHILA COURT) VILLUPURAM
2 THE INSPECTOR OF POLICE, ALL WOMENS POLICE STATION, VILLUPURAM, VILLUPURAM DISTRICT 3 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
C.C. to M/S. M.DEVARAJ Advocate on payment of necessary charges Order in CRL MP.3874/2022 in CRL A.333/2022 Date :23/06/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format JPA 24/06/2022