Rajeswaran @ Baba v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.08.2022 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Crl.M.P.No.10968 of 2022 in Crl.A.No.823 of 2022 Rajeswaran @ Baba (M/22), S/o.Ramachandran ... Petitioner
Versus
The Inspector of Police, All Women Police Station, Nannilam, Thiruvarur District.
(Crime No.07 of 2019) ... Respondent Prayer: Criminal Miscellaneous Petition filed under Section 389(1) of the Code of Criminal Procedure, to suspend the execution of the sentence against the petitioner/accused by the Spl.S.C.No.22 of 2019, on the file of the Learned Court of Sessions Judge, (Fast Track Mahila Court), Thiruvarur, and enlarge the petitioner on bail, pending disposal of this appeal.
For Petitioner : Mr. P. Muthamizselvakumar For Respondent : Mr.S.Vinoth Kumar, Government Advocate (Crl. Side) 1/5
ORDER
This Criminal Miscellaneous Petition is to suspend the sentence imposed on the petitioner by the Judgment, dated 08.12.2020 made in Spl.S.C.No.22 of 2019, on the file of the Court of the Sessions Judge, Fast Track Mahila Court, Tiruvarur, pending disposal of the above appeal. 2.Heard the learned Counsel for the petitioner and the learned Government Advocate (Criminal side) appearing for the respondent. 3.Learned Counsel for the petitioner would submit that the allegations in this case is that when the victim child was playing, at that time, the petitioner/accused held her and made a bad touch. Further, he would submit that the petitioner is in jail from 08.12.2020 and prays for grant of suspension of sentence.
4.Per contra, the learned Government Advocate would submit that the victim was only age about 11 years and the accused perpetrated the crime on the victim child. Therefore, the Trial Court has rightly convicted the petitioner and opposed the prayer of grant of suspension of sentence. 5.I have considered the rival submissions made on either side and 2/5
perused the material records of this case.
6.Considering the submissions made on the either side, considering the nature of allegations as spoken by P.W.1, in her evidence, and considering the fact that the petitioner is in prison from 08.12.2020, and considering the fact that it may take a while for this Court to take up the appeal for final hearing, I am of the view that this is a fit case for granting suspension of sentence, and the petitioner is entitled to enlarge on bail, pending disposal of the appeal 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 Magistrate 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 3/5
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. 26.08.2022 Index : yes/no Speaking order/Non-speaking order klt To 1.The Court of Sessions Judge, (Fast Track Mahila Court), Thiruvarur, 2.The Public Prosecutor, High Court of Madras. 3.The Superintendent of Police, Central Prison, Trichy. 4.The Inspector of Police, All Women Police Station, Nannilam, Thiruvarur District..
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D.BHARATHA CHAKRAVARTHY. J., klt Crl.M.P.No.10968 of 2022 in Crl.A.No.823 of 2022 26.08.2022 5/5