V.Saravanan v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 25.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM V.Saravanan ... Petitioner Vs.

State by: the Inspector of Police, AWPS Tiruppur North Police Station, Tiruppur District (Crime No.3/2020) ... Respondent Prayer: Criminal Miscellaneous Petition filed under Section 389(1) Cr.P.C to suspend the sentence imposed in judgment dated 07.06.2022 passed in Spl.S.C.No.23 of 2020 by the learned Sessions Judge, Magalir Neethimandram (Fast Track Court), Tiruppur and enlarge the petitioner on bail, pending disposal of the Criminal Appeal. For Petitioner : Mr.T.Shanmuga Boopathi For Respondent : Mr.C.E.Pratap, Government Advocate (Crl. Side)

ORDER

This petition has been filed to suspend the sentence imposed on the petitioner by the Trial Court in Spl.S.C.No.23 of 2020, vide judgement dated 07.06.2022, pending disposal of the Criminal Appeal.

2. The learned Sessions Judge, Mahila Court (Fast Track Court), Tiruppur, vide judgement dated 07.06.2022 passed in Spl.S..C.No.23/2020 convicted and sentenced the petitioner, as extracted hereunder. Conviction under Section Sentence Sec.9(m) r/w 10 of POCSO Act 5 years Rigorous imprisonment and to pay a fine of Rs.5,000/-, in default, to undergo 6 months Simple imprisonment.

3. Challenging the conviction and sentence slapped by the Trial Court, the petitioner is before this Court.

4. The learned counsel for the petitioner submitted that there are arguable points in this Criminal Appeal. He further submitted that this is a second petition to suspend the sentence and the petitioner is in custody from 07.06.2022 and hence, prayed for suspension of sentence.

5. Heard the learned Government Advocate(Crl. side) appearing for the

respondent and perused the impugned judgment and the materials on record.

6. Considering the incarceration suffered by the petitioner and also taking into consideration of the above submission of the learned counsel appearing on both sides, this Court finds that the petitioner has substantial grounds in this Criminal Appeal, which require detailed appraisal. Therefore, this Court is of the view that the petitioner is entitled to the relief of suspension of sentence.

7. Accordingly, it is ordered as follows.

(i) The substantive sentence of imprisonment alone is suspended and the petitioner is directed to be enlarged on bail on condition that 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, Magalir Neethimandram (Fast Track Court), Tiruppur.

(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 to ensure their identity. (iii) The petitioner shall appear before the Trial Court as and when

required.

25.01.2023 (1/2) Index:Yes/No Internet:Yes/No mst To 1.The Sessions Judge, Magalir Neethimandram, (Fast Track Court), Tiruppur 2.The Superintendent, Central Prison, Coimbatore. 3.The Public Prosecutor, High Court, Madras.

V.SIVAGNANAM , J.

mst 25.01.2023 (1/2)