Vijayagovindaraj @ Vijayakumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.M.P.No.4385 of 2022 in Crl.A.No.371 of 2022 Vijayagovindaraj @ Vijayakumar

...Petitioner /

Accused versus The State represented by Deputy Superintendent of Police, Perambalur Circle, Maruvathur Police Station, Perambalur.

...Respondent /

(Crime No.24 of 2007) Complainant PRAYER: Criminal Miscellaneous Petition has been filed under Section 389 (1) of Cr.P.C., praying to suspend the sentence passed by the learned Sessions Judge, Special Court for SC/ST (POA) Act, Perambalur, by judgment dated 08.03.2022 in Special Sessions Case No.04 of 2008 and to enlarge the petitioner on bail pending disposal of the above Criminal Appeal.

For Petitioner : Mr.C.Prabakaran For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

ORDER

This Criminal Miscellaneous Petition has been preferred by the petitioner/accused, seeking to suspend the sentence imposed upon him, by judgment and order dated 08.03.2022 passed in Special Sessions Case No.04 of 2008 on the file of the learned Sessions Judge, Special Court for SC/ST (POA) Act, Perambalur and to enlarge him on bail, pending disposal of the appeal.

2.

The petitioner, who is arrayed as A-2 in Special Sessions Case No.04 of 2008 on the file of the learned Sessions Judge, Special Court for SC/ST (POA) Act, Perambalur. He was found guilty for the offences punishable under Section 324 of IPC and Section 3(1)(xi) of SC/ST (POA) Act and he has been convicted and sentenced as under:

Offence Sentence Section 324 of IPC Rigorous Imprisonment for 1 year Section 3(1)(xi) of SC/ST (POA) Act Rigorous Imprisonment for 1 year along with fine of Rs.5,000/-, in default, to undergo Simple Imprisonment for 3 months The aforesaid sentences were ordered to run concurrently. 3.

Challenging the above conviction and sentence, the petitioner/accused, has filed Crl.A.No.371 of 2022 along with the instant Miscellaneous Petition, seeking suspension of sentence and bail.

4.

The case of the prosecution is that the de facto complainant and 15 others had received Rs.35,000/- from A-1 as advance amount for contract labourers. Since A-1 felt that they did not perform their work in a proper manner, there was misunderstanding arose between A-1 and the contract labourers. A-1 locked the contract labourers in a grain storage and tortured them. Thereafter, the said amount was settled by one Thangarasu. Later, this petitioner said that his cell phone was missing and in view of the same, he took the de facto complainant to A-1's house and removed her dress, caused injury and scolded her in filthy language by using her caste's name. Hence, a case has been registered against the petitioner under Section 324 of IPC and Section 3(1)(xi) of SC/ST (POA) Act.

5.

According to the learned counsel for the petitioner, there are arguable points available in this appeal and the petitioner has got a fair chance of succeeding in this appeal and hence, the substantive sentence imposed against the petitioner may be suspended before the trial Court.

6.

Per contra, the learned Government Advocate (Criminal Side) appearing for the respondent police raised serious objection for allowing this petition. He would further submit that the petitioner has already granted bail till 08.04.2022 by the trial Court. He would contend that the evidences recorded from the prosecution witnesses would prove the case of the prosecution beyond reasonable doubt. According to him, interference of this Court is not necessary in the findings arrived at by the trial Court.

7.

Heard Mr.C.Prabakaran, learned counsel appearing for the petitioner/accused and Mr.Leonard Arul Joseph Selvam, learned Government Advocate (Crl. Side), appearing for the respondent police and also perused the materials placed on record. 8.

Submissions made by the learned counsel appearing on either side are considered. The evidence given by P.W.1 needs a detailed appraisal as to whether the provisions under Section 3(1)(xi) of

SC/ST Act, is attracted or not. Further, the petitioner has already granted bail till 08.04.2022 by the trial Court. Here, it is a case, the appeal is not likely to be taken up in the near future. In such a view of the matter, this Court is of the view that the petitioner/A-2 is entitled to the relief of suspension of sentence and bail. 9.

Accordingly, sentence of imprisonment alone is suspended and bail is granted to the petitioner on the following conditions: (a) The petitioner shall execute a bond for a sum of Rs.25,000/-, with two sureties, each for a like sum to the satisfaction of the learned Sessions Judge, Special Court for SC/ST (POA) Act, Perambalur;

(b) The petitioner/accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the Magistrate may obtain a copy of their Aadhaar Cards or Bank Pass Books to ensure their identities; and (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 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 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.

10.

With the above directions, this Criminal Miscellaneous Petition is ordered.

-sd/- 04/04/2022 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 SPECIAL COURT FOR SC/ST (POA) ACT, PERAMBALUR.

2 THE DEPUTY SUPERINTENDENT OF POLICE, PERAMBALUR CIRCLE, MARUVATHUR POLICE STATION, PERAMBALUR.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE SECTION OFFICER, CRIMINAL SECTION, HIGH COURT, MADRAS.

+1C.C. to M/S. C.PRABAKARAN Advocate on payment of necessary charges SR.No.5058 Order in CRL MP.4385/2022 in CRL.A.371/2022 Date :04/04/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format CSK 05/04/2022