Singaravelu v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.12.2024
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.M.P.No.13101 of 2024 in Crl.A.No.1176 of 2024 Singaravelu ... Petitioner Vs.
The State Represented by The Inspector of Police, All Women Police Station, Virdhachalam, Cuddalore District.
(Crime No.19 of 2021).
... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 389(i) of Code of Criminal Procedure, to suspend the sentence imposed in Special Sessions Case No.56 of 2022 dated 27.01.2023 passed by the Sessions Judge, Special Court for Exclusive Trial of Cases under POSCO Act, Cuddalore and enlarge the petitioner on bail pending disposal of main criminal appeal.
For Petitioner :
Mr.K.V.Muthu Visakan For Respondent :
Dr.C.E.Pratap, Government Advocate (Crl. Side) Page No.1 of 7
ORDER
This Criminal Miscellaneous Petition has been filed to suspend the sentence of imprisonment imposed in Special S.C.No.56 of 2022, dated 27.01.2023 by the learned Sessions Judge, Special Court (POCSO Act Cases), Cuddalore and to enlarge the petitioner on bail pending disposal of the appeal.
2.It is the case of the prosecution that the petitioner is arrayed as A2; that when the victim was residing in the petitioner's house, on 04.08.2021 at about 12 midnight the petitioner had fondled her breast and the victim had pushed away the petitioner; that at the instance of the wife of the petitioner, the petitioner had stopped the sexual assault; and that thereafter the complaint was lodged.
3.The petitioner was convicted for offence under Section 7 r/w 8 of Protection of Children from Sexual Offences Act, 2012 and sentenced to undergo five years Rigorous Imprisonment and to pay a fine of Rs.2,000/- in Page No.2 of 7
default of payment of fine to undergo Simple Imprisonment for three months vide judgment, dated 27.01.2023 made in Special S.C.No.56 of 2022.
4.The learned counsel for the petitioner had relied upon the evidence of the victim in support of his submissions that the allegations have been made only at the instance of PW2; that the victim was treated as hostile by the prosecution; and that the petitioner is in custody from 27.01.2023 and prayed for suspension of sentence.
5.Heard the learned Government Advocate (Crl. Side) appearing for the respondent Police.
6.This Court while considering the suspension of sentence of A1 in Crl.M.P.No.4277 of 2024 in Crl.A.No.285 of 2024 today, had made the following observations. The very same observations is applicable to the petitioner/A2 as well.
"6.This Court had perused the evidence of the victim Page No.3 of 7
and finds that there is force in the submissions made by the learned counsel for the petitioner; that the victim had deposed that the complaint was lodged only at the instance of PW2; and that in fact PW1 was treated as hostile by the prosecution."
7.Considering the above; the fact that there are several arguable points in the appeal which requires consideration; that the petitioner is in custody from 27.01.2023; and that the appeal is not likely to be taken in the near future; this Court is inclined to grant the relief of suspension of sentence.
8.Accordingly, this criminal miscellaneous petition stands allowed and the sentence imposed on the petitioner is suspended and the petitioner is ordered to be released on bail on 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 learned Sessions Judge, Special Court for Exclusive Trial of Cases under POSCO Act, Cuddalore;
Page No.4 of 7
(ii)The petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Trial Court may obtain a copy of their Aadhar card or Bank pass Book and mobile numbers to ensure their identity; and (iii)The petitioner shall appear before the trial Court on the first working day of every month at 10.30 a.m until further orders and if he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 317 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.
13.12.2024 (2/2) vv2 To 1.The Sessions Judge, Special Court for Exclusive Trial of Cases under POSCO Act, Cuddalore.
2.The Inspector of Police, All Women Police Station, Virdhachalam, Cuddalore District.
3.The Central Prison, Page No.5 of 7
Cuddalore.
4.The Public Prosecutor, Madras High Court.
SUNDER MOHAN, J.
vv2 Crl.M.P.No.13101 of 2024 in Crl.A.No.1176 of 2024 Page No.6 of 7
13.12.2024 (2/2) Page No.7 of 7