Arumugam v. The State, Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of November Two Thousand Eighteen PRESENT The Hon`ble Mr Justice P. N. PRAKASH CRIMINAL MISCELLANEOUS PETITION No.15936 of 2018 IN CRL.A.NO.771 OF 2018 ARUMUGAM [ PETITIONER / APPELLANT / ACCUSED ] Vs THE STATE, REPRESENTED BY [ RESPONDENT ] INSPECTOR OF POLICE, MANTHARAKUPPAM POLICE STATION, CUDDALORE DISTRICT.
CR.NO.175 OF 2017.
Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in CRL.A.NO.771 OF 2018 on the file of the High Court, the High Court will be pleased to suspend the sentence imposed in SPl S.C.No.56 of 2018 dated 31.10.2018 passed by the Mahila Court, Cuddalore and enlarge the petitioner on bail pending disposal of the above CRL.A.NO.771 OF 2018 [IN CRL.MP.NO.15936 OF 2018] Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in CRL.A.NO.771 OF 2018 on the file of the High Court and upon hearing the arguments of M/S.M.VELMURUGAN, Advocate for the petitioner and of M/S. SARATHA DEVI.V Govt. Advocate ( Crl.
Side) on behalf of the Respondent the court made the following order:- The petitioner has been convicted by the Special Court for POCSO Act Cases (Mahila Court), Cuddalore, in Special S.C.No.56 of 2018 on 31.10.2018 under Section 12 of the POSCO Act and 506(ii) IPC and sentenced to undergo two years rigorous imprisonment and fine of Rs.10,000/- in default to undergo simple imprisonment of six months for the offence under Section 12 of the POSCO Act and one year rigorous imprisonment and fine of Rs.1,000/-, in default to undergo simple imprisonment for three months for the offence under Section 506(ii) IPC. The petitioner has paid the fine amount of Rs.11,000/- on 31.10.2018, vide receipt No. 232215. The trial Court has also suspended the sentence under Section 389 (3) Cr.P.C.
(1) Cr.P.C.
On a reading of the judgment and grounds of appeal, there appear to be arguable points in this case, inasmuch as, the allegation against the petitioner is that he was simply following the victim girl and his defence being that, a false case has been foisted by the father of the victim girl on account of previous enmity.
In such view of the matter, the sentence of imprisonment imposed by the trial Court in Special S.C.No.56 of 2018 on 31.10.2018, stands suspended, pending disposal of the appeal and the petitioner is directed to be released on bail on he surrendering before the trial Court and executing a bond for Rs.25,000/- with two sureties each, one being a blood relative. The petitioner and the two sureties shall affix their photograph and thumb impression in the surety bond besides affixing their signature. The petitioner shall appear before the trial Court on the first working day of every month until the disposal of the appeal.
-sd/- 28/11/2018 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 MAHILA COURT, CUDDALORE.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 THE INSPECTOR OF POLICE, MANTHARAKUPPAM POLICE STATION, CUDDALORE DISTRICT.
+1C.C. to M/S.M.VELMURUGAN Advocate on payment of necessary charges SR NO.22578 Order in CRL MP.15936 OF 2018 in CRL.A.NO.771 OF 2018 Date :28/11/2018 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MK:28/11/2018