Madras High CourtCRL MP(MD)/100/2025allowed

Davidraj v. The State Of Tamil Nadu,

2025-01-07Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07-01-2025

CORAM

THE HONOURABLE MR JUSTICE P.VADAMALAI IN CRL RC(MD) NO. 18 OF 2025 Davidraj S/o. Kanagaraj, NO.7F, Nehru Street, Ponmalaipatti, Tiruchirappalli Petitioner(s) Vs The State of Tamil Nadu, Rep. by The Inspector of Police, Ariyamangalam Police Station, Trichy City.

(Cr. No. 640 of 2018) Respondent(s) For Petitioner(s):

Mr.K.M.Karunakaran For Respondent(s):

Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Miscellaneous Petition has been filed to suspend the sentence passed against the petitioner by the learned Judicial Magistrate, Additional Mahila Court, Tiruchirappalli in C.C.No.256 of 2019, dated 22.08.2022, which was modified in Criminal Appeal No.101 of 2022, dated 27.11.2024, by the learned II Additional District and Sessions Judge, Tiruchirappalli, pending disposal of the Criminal Revision Case in Crl.R.C.(MD)No.18 of 2025.

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2. Based on a complaint given by the de-facto complainant, a First Information Report, in Crime No.640 of 2018, came to be registered by the respondent police as against the accused for the offence under Sections 294(b), 354, 506(i) of IPC and Section 4 of Tamil Nadu Women Harassment Act, 2002.

3. The respondent, after completing the investigation, has filed the final report and the same was taken on file in C.C.No.256 of 2019 on the file of the learned Judicial Magistrate, Additional Mahila Court, Tiruchirappalli.

4. The learned counsel appearing for the petitioner submitted that the petitioner has been convicted by the trial Court on 22.08.2022, and the trial Court sentenced him to undergo simple imprisonment for a period of three months and to pay a fine of Rs.1,000/- (Rupees One Thousand only), in default, to undergo simple imprisonment for a period of one month for the offence under Section 294(b) of IPC, and to undergo simple imprisonment for a period of three years and to pay a fine of Rs.1,000/- (Rupees One Thousand only), in default, to undergo simple imprisonment for a period of three months for the offence under Section 354 of IPC, and to undergo simple imprisonment for a period of one year and to pay a fine of Rs.1,000/- (Rupees One Thousand only), in default, to undergo simple imprisonment for a period of three months for the offence under Section 506(i) of IPC, and to undergo simple imprisonment for a period of three years and to pay a fine of Rs.10,000/- (Rupees Ten 2/6

Thousand only), in default, to undergo simple imprisonment for a period of one month for the offence under Section 4 of Tamil Nadu Women Harassment Act, 2002, and the sentences were ordered to run concurrently.

5. Challenging the above said conviction and sentence, the petitioner has preferred an appeal in Criminal Appeal No.101 of 2022 on the file of the learned II Additional District and Sessions Judge, Tiruchirappalli. The learned II Additional District and Sessions Judge, Tiruchirappalli partly allowed the appeal by modifying the conviction and sentence imposed by the learned Judicial Magistrate, Additional Mahila Court, Tiruchirappalli in C.C.No.256 of 2019 dated 22.08.2022. Accordingly, the sentence imposed on the petitioner for the offence under Section 354 of IPC was reduced from 3 years of simple imprisonment to 9 months of simple imprisonment, and he was acquitted for the offence under Sections 294(b), 506(i) of IPC and Section 4 of Tamil Nadu Women Harassment Act, 2002. Being dissatisfied with the said conviction and sentence, the petitioner has preferred the present Criminal Revision Case, along with this Criminal Miscellaneous Petition seeking suspension of sentence, before this Court.

6. It is submitted by the learned counsel for the petitioner that there are several infirmities in the prosecution case, and also there are contradictions in material particulars between the evidence of the prosecution witnesses. 3/6

7. The learned Additional Public Prosecutor appearing for the respondent submitted that there are enough materials available on record against the petitioner and hence, he opposed to grant suspension of sentence.

8. This Court has carefully considered the submissions made by the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent, and has also perused the materials available on record.

9. The learned counsel for the petitioner pointed out that there are certain infirmities and inconsistencies in this case, and also there are certain contradictions in material particulars. The fact remains that there are arguable points involved in this criminal revision and further, the criminal revision 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.

10. Accordingly, this petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the revision with the following directions :

(i) The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Additional Mahila Court, Tiruchirappalli; (ii) The sureties shall affix their photographs and Left Thumb Impression in the 4/6

surety bond and the trial Court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; and (iii) The petitioner shall appear before the learned Judicial Magistrate, Additional Mahila Court, Tiruchirappalli once in a month i.e., on the first working day of every English calendar month at 10.30 a.m., until further orders. sd/- 07/01/2025 / TRUE COPY / /01/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

mkn TO 1 THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, TIRUCHIRAPPALLI. 2 THE JUDICIAL MAGISTRATE, ADDITIONAL MAHILA COURT, TIRUCHIRAPPALLI.

3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUCHIRAPPALLI. 4 THE INSPECTOR OF POLICE, ARIYAMANGALAM POLICE STATION, TRICHY CITY.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-304[I] dated 09/01/2025 ) 5/6

ORDER

IN IN CRL RC(MD) NO. 18 OF 2025 Date :07/01/2025 RS/VR/SAR-(22.01.2025) 6P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6