Sabapathy v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Eighth day of July Two Thousand Nineteen PRESENT The Hon`ble Mr Justice P. N. PRAKASH CRIMINAL MISCELLANEOUS PETITION No.8031 of 2019 IN CRL.A.NO.365 OF 2019 SABAPATHY [ PETITIONER / APPELLANT ] Vs THE STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PANURTI, CUDDALORE DISTRICT.

(CR.NO.14/2018) Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in CRL.A.NO.365 OF 209 on the file of the High Court, the High Court will be pleased to suspend the sentence imposed on the Petitioner/Appellant in S.S.C No.71 of 2018 on the file of the Learned Mahila court, Cuddalore dated 07.12.2018 enlarge him on bail pending disposal of the CRL.A.NO.365 OF 2019 [IN CRL.MP.NO.8031 OF 2019] Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds inCRL.A.NO.365 OF 2019 on the file of the High Court and upon hearing the arguments of M/S.VIJAYA RAGAVAN M., Advocate for the petitioner and of M/S. KRITIKA KAMAL P, Govt. Advocate ( Crl.

Side) on behalf of the Respondent the court made the following order:- It is the case of the prosecution that the victim girl 'X' aged about 7 years was sexually abused by the petitioner. The evidence of the victim girl shows that she had gone to her friend's house to play. At that time, the petitioner who is the uncle of her friend, told the victim girl that he will pluck guava for her and took her near a guava tree and lifted her for plucking guava. Thereafter, he carried her to a nearby hut in the garden and sexually abused her. The evidence of the victim girl is indeed very sordid.

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2.Taking into consideration the facts and circumstances of the case, this is not a fit case to grant suspension of sentence and bail to the petitioner.

Accordingly, this petition is dismissed.

-sd/- 08/07/2019 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, MAHILA COURT, CUDDALORE THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.

THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PANURTI, CUDDALORE DISTRICT.

C.C. to M/S.VIJAYA RAGAVAN M. Advocate on payment of necessary charges Order in CRL MP.8031/2019 in CRL A.365/2019 Date :08/07/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MK:29/07/2019 https://hcservices.ecourts.gov.in/hcservices/