Rayappan v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Sixth day of August Two Thousand Nineteen PRESENT The Hon`ble Mr Justice P. N. PRAKASH CRIMINAL MISCELLANEOUS PETITION NO.10885 OF 2019 IN CRL.A.NO.618 OF 2018 RAYAPPAN [ PETITIONER / APPELLANT ] Vs STATE REPRESENTED BY [ RESPONDENT ] INSPECTOR OF POLICE, A.W.P.S., KUNIYAMUTHUR, COIMBATORE.

(CRIME NO.200 OF 2015).

Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in CRL.A.NO.618 OF 2018 on the file of the High Court, the High Court will be pleased to suspend the sentence passed on the Petitioner / Appellant herein by the IV Additional District and Sessions Judge, Magalir Neethimandram (Mahila Court), Coimbatore (FAC), Sessions Judge, Magalir Neethimandram in Sessions Case No.233/2016 by Judgment dated 07/06/2018 during the pendency of the above CRL.A.NO.618 OF 2018 [IN CRL.MP.10885 OF 2019] Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in CRL.A.NO.618 OF 2018 on the file of the High Court and upon hearing the arguments of M/S.B.RAMAMOORTHY, Advocate for the petitioner and of M/S. KRITIKA KAMAL P, Govt. Advocate ( Crl.

Side) on behalf of the Respondent the court made the following order:- This is the second petition for suspension of sentence and bail and the earlier petition in Crl.M.P.No.13561 of 2018 in Crl.A.No.618 of 2018 seeking suspension of sentence and bail has been dismissed by this Court on 10.12.2018 in view of well considered order dated 07.06.2018 passed by the Trial Court in S.C.No.233 of 2016.

2. Even now, there is no change in the fact situation, warranting grant of bail in a case of this nature, where the victim was a mentally challenged girl.

In the result, this petition is dismissed. Registry is directed to call for the records, prepare the typed set of papers and post the main appeal in the last week of August, 2019, under the caption "for final hearing".

-sd/- 06/08/2019 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 ADDITIONAL DISTRICT AND SESSIONS COURT, MAHILA COURT, COIMBATORE.

THE SESSIONS JUDGE, MAGALIR NEETHI MANDRAM (MAHILA COURT) COIMBATORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, A.W.P.S., KUNIYAMUTHUR, COIMBATORE.

THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

COPY TO THE SECTION OFFICER, CRIMINAL SECTION, HIGH COURT, MADRAS.

C.C. to M/S.B.RAMAMOORTHY Advocate on payment of necessary charges Order in CRL MP.10885/2019 in CRL.A.618/2018 Date :06/08/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MK:22/08/2019