Madras High CourtCRL MP/1901/2017dismissed

Hakkim, Aged About 70 Years v. State Represented By

2018-11-20Honourable Mr Justice V. Parthiban2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twentieth day of November Two Thousand Eighteen PRESENT The Hon`ble Mr Justice V. PARTHIBAN CRIMINAL MISCELLANEOUS PETITION No.1901 of 2017 in CRL.A.NO.65/2017 HAKKIM, [ PETITIONER/APPELLANT/ACCUSED] Vs STATE REPRESENTED BY [ RESPONDENT ] INSPECTOR OF POLICE, DEVARSHOLA POLICE STATION, GUDALUR, NILGIRIS.

Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal APPEAL No.65 OF 2017 on the file of the High Court, the High Court will be pleased to grant suspension of the sentence passed in Spl.S.C.No.16/2016 dated 23/12/2016 on the file of the learned Sessions Judge, Mahila Court, (Fast Track Court), Udhagamandalam, and release the petitioner on bail.

Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.A.No.65 of 2017 on the file of the High Court and upon hearing the arguments of M/S.K.F.MANAVALAN, Advocate for the petitioner and of Mrs.V.SARATHA DEVI, Government Advocate (Crl.Side) on behalf of the Respondent the court made the following order:- This miscellaneous petition has been filed to suspend the sentence passed by the learned Sessions Judge, Mahila Court (Fast Track Court), Udhagamandalam, in Spl.S.C.No.16/2016, dated 23.12.2016.

2. Heard both sides.

3. The learned Government Advocate (Crl.Side) submitted that the victim boy is aged about only 7 years and the petitioner/accused had sexual misbehavior with the victim boy on various occasions. Therefore, she prayed for dismissal of this miscellaneous petition.

4. Considering the gravity of the offence and the submissions of the Learned Government Advocate (Crl.Side), this Court is not https://hcservices.ecourts.gov.in/hcservices/

inclined to grant the relief sought for in this miscellaneous petition and the same is dismissed.

-sd/- 20/11/2018 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 JUDGE, MAHILA COURT (FAST TRACK COURT), UDHAGAMANDALAM.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, DEVARSHOLA POLICE STATION, GUDALUR, NILGIRIS.

+1 C.C. to M/S.K.F.MANAVALAN Advocate on payment of necessary charges-Sr.22225 Order in CRL MP.1901/2017 in CRL.A.NO.65/2017 Date :20/11/2018 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format ths : 29.11.2018 https://hcservices.ecourts.gov.in/hcservices/