Baskar v. State Represented By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR Baskar ... Petitioner Vs.

State Represented by Inspector of Police All Women Police Station Attur, Salem Crime No.30 of 2014 ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 389(1) of the Criminal Procedure Code, praying to suspend the sentence passed against the petitioner in Old Special S.C.No.16 of 2015 and New Special S.C.No.3 of 2019, on the file of the learned Special Judge, POCSO Act, Salem, and enlarge the petitioner on bail.

For Petitioner : Mr.G.Krishnamurthy For Respondent : Mr.S.Raja Kumar Additional Public Prosecutor 1/7

ORDER

M.S.RAMESH, J.

AND N.SENTHILKUMAR, J.

The 3rd accused is the petitioner herein, in this petition, he seeks for suspension of his sentence.

2. Learned Special Judge, POCSO Act, Salem, in Old Special S.C.No.16 of 2015 and New Special S.C.No.3 of 2019, has convicted the petitioner and sentenced him as follows:- Offence Sentence imposed U/s.366 IPC 5 years R.I. along with a fine of Rs.5,000/- in default 2 months S.I.

U/s.6 r/w 5(m) POCSO Act Life imprisonment along with a fine of Rs.25,000/- in default 6 months S.I.

U/s.6 r/w 5(i) POCSO Act Life imprisonment along with a fine of Rs.25,000/- in default 6 months S.I.

U/s.506(i) IPC 1 year R.I.

3. Heard Mr.G.Krishnamurthy, learned counsel appearing for the petitioner and Mr.S.Raja Kumar, learned Additional Public Prosecutor, appearing for the respondent Police.

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4.It is the submission of the learned counsel for the petitioner that the victim girl was originally examined by one Dr.Kavitha, who was not examined by the prosecution before the trial Court. By referring to the evidence let in by P.W.13, through whom the medical report of Dr.Kavitha was marked, the learned counsel submitted that much reliance should not be given to such medical evidence. This apart, the learned counsel would submit that the petitioner herein was originally arrested on 16.11.2014 and was under incarceration for two years. Thereafter, from the date of the judgment of the trial Court i.e. from 06.02.2020, he is under imprisonment. We are of the view that the legal grounds referred to by the learned counsel, could be deliberated at a later stage of final hearing. However, in view of the long period of incarceration of almost seven years, we are inclined to suspend the sentence.

5. Accordingly, this Criminal Miscellaneous Petition stands allowed and the sentence imposed on the petitioner is suspended on the following conditions:- 3/7

(i) The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties each, each for a like sum to the satisfaction of the Special Court for POCSO Act, Salem.

(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;

(iii) The petitioner is directed to appear before the trial Court on the first working day of every English Calendar month at 10.30 a.m., until the disposal of the appeal, 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;

(iv) On the failure of any of the above conditions by the petitioner / accused, it is open to the trial Court to commit the petitioner / accused into custody for undergoing the sentence.

(M.S.R, J.) (N.S, J.) 4/7

26.03.2025 kas Note: Issue Order Copy on 27.03.2025 To 1.The Special Judge POCSO Act Salem 2.The Inspector of Police Inspector of Police All Women Police Station Attur, Salem Crime No.30 of 2014 3.The Superintendent of Prison Central Prison Salem 4.The Public Prosecutor High Court of Madras Chennai 600 104 5/7

M.S.RAMESH, J.

and N.SENTHILKUMAR, J.

kas 6/7

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