Prakash v. State By Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-09-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI in CRL A NO. 1011 OF 2025 Prakash S/o.Ramalingam, 2/87, Bajanai Koil Street, Panruti, Kandigai Village, Sriperumbudur Taluk, Kancheepuram District.
Petitioner(s) Vs State by Inspector of Police, All Women Police Station, Kancheepuram, Kancheepuram District.
Crime No.3/2017 Respondent(s) PRAYER: This Criminal Miscellaneous Petition is filed under Section 389(1) of Cr.P.C, to suspend the sentence imposed on the petitioner by the learned Principal District Sessions Judge, (Mahila Court), Kancheepuram, Kancheepuram District S.C.No.21/2018 dated 04.07.2025 and enlarge the petitioner on bail pending disposal of the above criminal appeal on the file of this Honb'le Court and thus render Justice.
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For Petitioner(s):
Mr.T.R.Ravi For Respondent(s):
Mr.V.Meganathan Government Advocate (Crl.Side)
ORDER
This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed on the petitioner by the learned Principal District Sessions Judge, (Mahila Court), Kancheepuram, Kancheepuram District in S.C.No.21 of 2018 dated 04.07.2025 and enlarge the petitioner on bail pending disposal of the above criminal appeal on the file of this Court.
2. The petitioner herein is the accused in S.C.No.21 of 2018 dated 04.07.2025 on the file of the learned Principal District Sessions Judge, (Mahila Court), Kancheepuram, Kancheepuram District. He was found guilty of the offences and convicted (i) under Section 376(1) of IPC and sentenced to undergo imprisonment for 10 years RI and imposed a fine of Rs.1,000/- in default to undergo 6 months RI (ii) under Section 506(1) and sentenced to undergo 2 years RI (iii) under Section 4 of Tamil Nadu Prohibition of Women 2/7
Harassment Act and sentenced to undergo 3 years RI and Rs.10,000/- fine in default to undergo 6 months imprisonment. Aggrieved by the same, the petitioner has preferred the present appeal before this Court and along with the appeal, the petitioner has filed the present petition, seeking suspension.
3. The learned counsel for the petitioner/accused would submit that there are arguable points available in the Criminal Appeal and the petitioner/accused has got a fair chance of succeeding in the Criminal Appeal and hence, the substantive sentence imposed against the petitioner/accused may be suspended. He further submitted that the petitioner is an innocent person and he has been falsely implicated in this case. It is also submitted that due to the custody of the petitioner, his family is facing severe financial crises. He would further submit that the petitioner is ready to abide the condition imposed by this Court.
4. Heard the learned counsel for the petitioner as well as the learned Government Advocate appearing for the respondent and also the perused the materials available on record.
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5. Considering the facts and circumstances of the case coupled with the quantum of punishment imposed upon the petitioner, also by considering the submissions of the learned counsel for the petitioner, further this Criminal Appeal is not likely to be taken for final hearing in the near future, this Court is of the view that the substantive sentence of imprisonment alone can be suspended on certain conditions. Accordingly, till the disposal of the Criminal Appeal, the reliefs of suspension of sentence and bail are granted on the following conditions:
(a) the petitioner/accused is ordered to be released on bail, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, in which one surety must be a blood surety for a like sum to the satisfaction of the learned Principal District Sessions Judge, (Mahila Court), Kancheepuram, Kancheepuram District.
(b) The petitioner/accused and the sureties shall affix their photographs and Left Thumb Impressions in the 4/7
surety bonds and the Trial Court may obtain a copy of their Aadhaar Cards or Bank Pass Books to ensure their identities.
(c) The petitioner shall appear before the respondent police on every Saturday at 10.30 a.m., until the disposal of the Criminal Appeal and if he is not able to appear before the respondent police on any day, he intimate the same to the respondent police well in advance and shall appear on any other day as directed by the respondent police in lieu of the date of his absence, as directed in this order.
(d) the petitioner shall not to have any communication with the victim girl and her family.
6. With the above directions, this Criminal Miscellaneous Petition is ordered.
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To
1. The Principal District Sessions Judge, (Mahila Court), Kancheepuram, Kancheepuram District.
2. The Inspector of Police, All Women Police Station, Kancheepuram, Kancheepuram District.
Crime No.3/2017
3. The Public Prosecutor, High Court of Madras, Chennai.
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T.V.THAMILSELVI J.
jd CRL MP No. 17839 of in CRL A NO. 1011 OF 24-09-2025 7/7