Karuppasamy v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Sixth day of December Two Thousand Eighteen PRESENT The Hon`ble Mr Justice V. PARTHIBAN CRIMINAL MISCELLANEOUS PETITION No.16472 of 2018 in CRL.A.NO.797/2018 KARUPPASAMY [ PETITIONER/APPELLANT/ACCUSED] Vs THE STATE REPRESENTED BY [ RESPONDENT ] INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, DHARMAPURI. CR.NO.9 OF 2016.

Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal APPEAL No.797 OF 2018 on the file of the High Court, the High Court will be pleased to SUSPEND THE SENTENCE imposed on the petitioner by a Judgement dt.28.11.2018 made in Special S.C.No.13 of 2017 by the Fast Track Mahila Court, Dharmapuri and release the petitioner on bail pending disposal of the Criminal Appeal.

Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.A.No.797 of 2018 on the file of the High Court and upon hearing the arguments of MR.C.PRABAKARAN, Advocate for the petitioner and of MRS.V. SHARATHA DEVI. Government Advocate (Crl.Side) on behalf of the Respondent the court made the following order:- Petitioner was convicted for offence under section 7 read with Section 8 of POCSO Act and was imposed a sentence of three years rigorous imprisonment with a fine of Rs.5,000/- and in default six months simple imprisonment and no separate punishment was awarded for the offence punishable under Section 341 and 506(ii) of I.P.C. by the learned Fast Track Mahila Court, Dharmapuri under judgment in S.C.No.13 of 2017 dated 28.11.2018. The petitioner has moved an application in C.M.P.No.412 of 2018 seeking to suspend the sentence and the sentence imposed on the petitioner was suspended till 12.12.2018. Hence, petitioner is before this Court.

2. Learned counsel for petitioner submitted that there are several infirmities and inconsistencies found in the prosecution case. It is contended that there are contradictions in the material particulars between the evidence of the prosecution witnesses. He also submitted that the fine amount was paid by the petitioner on the very same day.

3. Heard learned Government Advocate (Crl.side) on the submissions made by learned counsel for petitioner.

4. Considering the facts and circumstances of the case and in view of the fact that there are several infirmities in the prosecution case and there are arguable points involved in the appeal as contended by learned counsel for petitioner and further the appeal is not likely to be taken up for final hearing in the near future, this Court is of the considered view that the petitioner herein is entitled to the relief of grant of suspension of sentence.

5. Accordingly, 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 in a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the learned Fast Track Mahila Court, Dharmapuri and on further condition that the petitioner shall appear before the said Court on the first working day of every month at 10.30 a.m. pending appeal.

-sd/- 06/12/2018 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 FAST TRACK MAHILA COURT, DHARMAPURI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, DHARMAPURI.

+1 C.C. to M/S.C.PRABAKARAN Advocate on payment of necessary charges-Sr.23521

Order in CRL MP.16472/2018 in CRL.A.NO.797/2018 Date :06/12/2018 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format ths : 12.12.2018