Ranganathan v. State Rep By

P.N.PRAKASH.J., AND RMT.TEEKAA RAMAN.J.,

O R D E R

P.N.PRAKASH, J.

This criminal miscellaneous petition has been filed seeking to suspend the sentence imposed on the petitioner by judgement and order dated 22.10.2021 made in S.C.No.162 of 2018 on the file of the learned Sessions Judge, Mahila Court, Cuddalore, and to enlarge the petitioner on bail pending disposal of the appeal.

2. This is second bail petition and the earlier bail petition in Crl.M.P.No.2604 of 2022 has been dismissed by this court on 02.03.2022 by a very detailed order.

3. The petitioner, who was the sole accused in S.C.No.162 of 2018, was convicted and sentenced as follows on 22.10.2021:- Accused Provision under which convicted Sentence 1/4

Ranganathan (Sole Accused) Section 450 of IPC Rigorous Imprisonment for 5 years and to pay a fine of Rs.10,000/- in default of payment of fine, to undergo simple imprisonment for a further period of 1 year Section (2)(l) of IPC Imprisonment for Life and to pay a fine of Rs.20,000/- and in default of payment of fine, to undergo simple imprisonment for a period of 2 years.

The aforesaid sentences were ordered to run concurrently.

4. Heard Mr.K.Rajeev, learned counsel for the petitioner and Mr.R.Muniyapparaj, learned Additional Public Prosecutor appearing for the respondent/State.

5. It is the case of the prosecution that the petitioner had committed rape of a mentally challenged girl, who is also deaf and dumb.

6. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated by the mother of 'X' on account of previous enmity. He further submitted that the petitioner is in incarceration from 22.10.2021.

7. The various grounds raised by the petitioner for the grant of 2/4

suspension of sentence and bail have already been raised earlier and have been answered by this court in the order dated 02.03.2022 in Crl.M.P.No.2604 of 2022.

8. Taking into account the gravity of the offence and the manner in which the crime is alleged to have been committed, it would not be in the interest of justice to grant suspension of sentence and bail to the petitioner. That apart, except passage of time, there is no change in fact situation. Accordingly, this criminal miscellaneous petition stands dismissed. [P.N.P., J] [T.K.R., J] 27..09..2022 kmk To 1.The Sessions Judge, Mahila Court, Cuddalore. 2.The Inspector of Police, All Women P.S., Panruti, Cuddalore District. 3.The Public Prosecutor, Madras High Court, Chennai - 600 104. 3/4

P.N.PRAKASH, J.

and RMT.TEEKAA RAMAN, J.

Crl.M.P.No.10958 of 2022 in Crl.A.No.587 of 2021 Order Pronounced on 27..09..2022 4/4