Abdul Salem v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.06.2024
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI in Crl.A.No.397 of 2024 Abdul Salem
...Petitioner
Vs.
The State rep. By the Inspector of Police, All Women Police Station, Gudalur (Crime No.1 of 2023)
...Respondent
Prayer: Miscellaneous Petition has been filed under Section 389(2) of Cr.P.C., to suspend the sentence and fine imposed on the petitioner/petitioner/accused in Spl.C.C.No.3 of 2023 dated 31.01.2024 by the (FAC) Sessions Judge, Magalir Neethimandram (FTMC), Udhagamandalam, The Nilgiris.
For Petitioner : Mr.K.Balakrishnan For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor
ORDER
This Criminal Miscellaneous petition has been filed to suspend the sentence of imprisonment imposed on the petitioner herein in Page No:1/5
Spl.C.C.No.3 of 2023 dated 31.01.2024 on the file of the (FAC) Sessions Judge, Magalir Neethimandram (FTMC), Udhagamandalam, The Nilgiris.
2. The petitioner is in jail for nearly 6 months and the trial Court has convicted the petitioner and sentenced him to undergo rigorous imprisonment for five years with a fine of Rs.5000/- in default of payment of fine, to undergo Simple imprisonment for 6 months for committing the offence under Section 9(m) r/w. 10 of POCSO Act 2012. 3.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. 4.The case of the prosecution is that the victim boy is aged about 9 years. On 15.01.2023, the petitioner gave a sum of Rs.20 to the victim boy to buy ice cream and when the victim boy proceeding to buy ice cream, the petitioner accompanied victim boy to the shed and removed his pant and trouser. Thereafter, he had anal intercourse with the victim Page No:2/5
boy. Based on the said incident, the complaint was lodged by the mother of the victim boy, the respondent police has registered a case.
5. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person who is no way connected with the alleged offence, and a false complaint has been foisted against him. Hence, he prays for grant of bail to the petitioner.
6. Considering the considering the period of incarceration of the petitioner, this Court is inclined to grant bail to the petitioner. Accordingly, petitioner is ordered to be released on bail subject to 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 (FAC) Sessions Judge, Magalir Neethimandram (FTMC), Udhagamandalam, The Nilgiris. (ii)the petitioner shall appear before the respondent police weekly Page No:3/5
once i.e. First working day of every week at 10.30 a.m. until further orders;
04.06.2024 msv Note to office: Issue order copy on 05.06.2024 Index : Yes/No Speaking Order : Yes/No NCC : Yes/No To
1. The (FAC) Sessions Judge, Magalir Neethimandram (FTMC), Udhagamandalam, The Nilgiris.
2. The Superintendent, Central Prison, Coimbatore.
3.Inspector of Police, All Women Police Station, Gudalur 4.The Public Prosecutor, High Court of Madras, Chennai - 600 104.
Page No:4/5
M.DHANDAPANI , J.
msv in Crl.A.No.397 of 2024 04.06.2024 Page No:5/5