P.Kolandasamy, M/47 v. The State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Third day of October Two Thousand Seventeen PRESENT The Hon`ble Mr Justice P. N. PRAKASH CRIMINAL MISCELLANEOUS PETITION No.8453 of 2017 IN CRL A.394/2016 P.KOALANDASMY, [ PETITIONER ] Vs 1 THE STATE BY [ RESPONDENT ] THE DEPUTY SUPERINTENDENT OF POLICE, ERODE CIRCLE SUB-DIVISION, PERUNDRAI, CR.NO.379 OF 2015, CHENNIMALAI POLICE STATION, ERODE DISTRICT.

Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal Appeal No.394/2016 on the file of the High Court, the High Court will be pleased to suspend the sentence of imprisonment imposed in the judgment dated 27.04.2016 made in Special S.C.No.33 of 2015 on the file of the learned Sessions Judge, Magalir Neethi Mandram (Fast Track Mahila Court), Erode and enlarge him on bail pending disposal of the above C.A.No.394 of 2016 on the file of this Honble Court.

Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl. Appeal No.394/2016 on the file of the High Court and upon hearing the arguments of M/S.N.MANOKARAN Advocate for the petitioner and of MR.C.EMALIAS ADDL.PUBLIC PROSECUTOR on behalf of the Respondent the court made the following order:- By judgment dated 27.04.2016 in Spl.S.C.No.33 of 2015, the Sessions Court, Magalir Needhi Mandram (Magalir Fast Track Court), Erode convicted the petitioner and sentenced him as detailed below:

Penal provision(s) under which convicted Sentence Sec.451 IPC Rigorous Imprisonment for two years and to pay a fine of Rs.5,000/- in default, to undergo simple imprisonment for six months.

Sec.6 r/w Sec.8 of POSCO Act Rigorous Imprisonment for seven years and to pay a fine of Rs.10000/-, in default, to undergo simple imprisonment for two years.

Sec.3(1)(w)(i) of the SC and ST (Prevention of Atrocities) Act, 1989 Rigorous Imprisonment for five years and to pay a fine of Rs.5000/-, in default, to under simple imprisonment for one year.

Challenging the said conviction and sentence, the appellant/accused is before this Court with this appeal. Pending appeal, the petitioner has filed the present petition, seeking suspension of sentence. The petitioner is in incarceration since 27.04.2016. 2.

It is the case of the prosecution that the petitioner attempted to sexually assault the victim girl (P.W.3) on 22.08.2015. Admittedly, the complaint in respect of the incident, was given only on 26.08.2015. That apart, the accused had examined the victim's uncle Murugan as D.W.1 in order to show that there was previous enmity between the family of the accused and the family of the complainant.

3.

Heard the learned Additional Public Prosecutor and perused the materials available on record.

4.

Fine amount has been paid. In such view of the matter and also taking into consideration of the fact that the accused has been in incarceration from 27.04.2016 and also taking note of the fact that the appeal is not likely to be taken up for final hearing in the near future, this Court is inclined to suspend the sentence. 5.

Accordingly, substantive sentence of imprisonment alone is suspended and the petitioner is ordered to be released on bail on his executing 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 Judge, Magalir Neethi Mandram (Fast Track Mahila Court), Erode and on further condition that:

(i) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Mahila Judge may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

(ii) the petitioner shall appear before the trial Court at 10.30 a.m on the first working day of every month till the disposal of the appeal.

-sd/- 03/10/2017 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 COURT, MAGALIR NEEDHI MANDRAM [MAGALIR FAST TRACT COURT] EORDE 2 THE CHIEF JUDICIAL MAGISTRATE ERODE[FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE DEPUTY SUPERINTENDENT OF POLICE, ERODE CIRCLE SUB-DIVISION, PERUNDRAI, CHENNIMALAI POLICE STATION, ERODE DISTRICT.

5 THE SUPERINTENDENT, CENTRAL PRISON,COIMBATORE 6 THE MAGALIR NEETHI MANDRAM [FAST TRACK MAHILA COURT].ERODE +1 C.C. to M/S.N.MANOKARAN Advocate on payment of necessary charges SR.NO. 18813 Order in CRL MP.8453/2017 in CRL A.394/2016 Date :03/10/2017 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RD 09/10/2017