Dr.R.Karunanithi v. State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.11.2024
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.M.P.No.16283 of 2024 in Crl.R.C.No.2003 of 2024 Dr.R.Karunanithi, Son of A.S.Rajamani ... Petitioner Vs.
STATE: Represented by Inspector of Police, W-2, All Women Police Station, (Crime No.2 of 2011), Triplicane Circle, Chennai-600 002.
... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 397(1) of Code of Criminal Procedure, to suspend the sentence imposed on the petitioner by the learned Additional Magaleer Metropolitan Magistrate, Egmore @ Allikulam Complex, Chennai made in C.C.No.39 of 2017 (Old C.C.No.3437 of 2013) by the judgment, dated 01.03.2018 which was confirmed by the judgment dated 29.04.2019 rendered by the learned Court of the XVII Additional City Civil Judge, Chennai in Crl.Appeal No.126 of 2018 and enlarge the petitioner on bail pending disposal of the above Page No.1 of 6
Revision on the file of this Court.
For Petitioner :
Mr.R.John Sathyan, Senior Counsel for Mr.S.Yogarajasekar For Respondent :
Mr.V.J.Priyadarsana, Government Advocate (Crl. Side)
ORDER
This Criminal Miscellaneous Petition has been filed to suspend the sentence of imprisonment imposed in the judgment, dated 29.04.2019 in Crl.A.No.126 of 2018 passed by the learned XVII Additional Judge, XVII Additional City Civil Court, Chennai confirming the judgment, dated 01.03.2018 in C.C.No.39 of 2017 (Old No.3437 of 2013) passed by the learned Additional Magaleer Metropolitan Magistrate, Egmore, Chennai @ Allikulam.
2.It is the case of the prosecution is that the petitioner was working as Doctor in a scan centre; that when the defacto complainant came to the scan centre, the petitioner had made lewd remarks and commented about the dress of the defacto complainant and touched the calf bone which had Page No.2 of 6
caused agony; and that thereafter the petitioner made several calls and continued to harass the defacto complainant over phone. 3.The petitioner was convicted for offence under Section 4 of the Tamil Nadu Prohibition of Women Harassment Act, 1998 and sentenced to undergo two years Simple Imprisonment and to pay a fine of Rs.10,000/- in default to undergo three months Simple Imprisonment. 4.
The learned Senior Counsel appearing for the petitioner would submit that the Courts below had not assessed the evidence in proper perspective; that the prosecution had failed to establish that the calls were made by the petitioner to the defacto complainant; that even on the day of occurrence, there was several Police men in the hospital due to the Governor's visit; that however the defacto complainant had not chosen to give a complaint; that the complaint was lodged belatedly after three months; and that there are substantial points for consideration in the above revision. He would further submit that today the petitioner has surrendered before the learned Additional Mahila Judge, Egmore. Page No.
5.Heard Mr.V.J.Priyadarsana, learned Government Advocate (Crl. Side) appearing for the respondent Police.
6.Considering the submissions made by the learned Senior Counsel for the petitioner; that there are substantial grounds in the revision which requires consideration and the fact that the petitioner has surrendered before the Court below, this Court is inclined to grant the relief of suspension of sentence.
7.Accordingly, this criminal miscellaneous petition stands allowed and the sentence imposed on the petitioner, is suspended till the disposal of the criminal revision case and he is ordered to be released on bail on the following conditions:
(i)The petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only), with two sureties, each for a like sum to the satisfaction of the learned Additional Magaleer Metropolitan Magistrate, Egmore, Chennai @ Allikulam;
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(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 and mobile numbers to ensure their identity;
(iii)The petitioner shall appear before the Trial Court on the first working day of every month at 10.30 a.m until further orders 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.
20.11.2024 (2/2) vv2 To 1.The XVII Additional Judge, XVII Additional City Civil Court, Chennai.
2.The Additional Magaleer Metropolitan Magistrate, Egmore, Chennai @ Allikulam.
3.The Central Prison, Puzhal, Chennai.
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SUNDER MOHAN, J.
vv2 4.The Public Prosecutor, Madras High Court.
Crl.M.P.No.16283 of 2024 in Crl.R.C.No.2003 of 2024 20.11.2024 (2/2) Page No.6 of 6