Sangaranarayanan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21-02-2025
CORAM
THE HONOURABLE MR JUSTICE B.PUGALENDHI in CRL A(MD)No.399 of 2021 Sangaranarayanan S/o. Masanam, No.75, Perumal Colony, Pudukottai Village, Sivakasi Taluk, Virudhunagar District.
...Petitioner
Vs 1.The Inspector of Police M.Pudupatti Police Station, Virudhunagar District.
(Cr.No.27/2016) 2.Pandiselvi
...Respondent
For Petitioner : Mr.A.Balaji, Advocate For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl Side) for R1
ORDER
The petitioner A2 was found guilty and convicted along with A1 in Spl.SC.No.50 of 2016 and sentenced to undergo 7 years rigorous imprisonment and to pay a fine of Rs.5,000/- with default clause for the offence under Section 363 of IPC 1/5
and sentenced to undergo 10 years of imprisonment and a fine of Rs.5,000/- with default clause for the offence under Sections 4 and 3 of the POCSO Act, 2021.
2. As against the conviction, the petitioner has already filed an appeal in CrlA (MD)No.399 of 2021 along with CrlMP(MD)No.2881 of 2022 to suspend the sentence pending the appeal. The petition to suspend the sentence was dismissed by order dated 01.03.2022. This petitioner has filed another petition in CrlMP(MD)No.15560 of 2022 to suspend the sentence and it was dismissed on 10.01.2023. Even after the dismissal of the earlier two petitions to suspend the sentence were dismissed, the appeal could not be taken up for final hearing. The petitioner claims that he is in jail from 18.08.2021, from the date of conviction. 3.The learned counsel for the petitioner by referring the evidence of the victim girl submits that it is only vague allegation has been made as against this petitioner. The entire prosecution was as against A1. The victim girl in her evidence has stated that she is having love affair with this petitioner and he attempted to rape her. He further submits that apart from the evidence of the victim girl, there is no other evidence as against this petitioner.
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4.The learned Government Advocate (Crl Side) by referring to the earlier orders of this Court submits that the earlier applications to suspend the sentence were dismissed and there is no change in circumstance. 5.This Court considered the rival submissions made and perused the material placed on record.
6.Though the earlier applications filed by the petitioner to suspend the sentence were dismissed by this court, the petitioner has made out a case that the main criminal appeal could not be taken up for final disposal. Considering that the petitioner is having some arguable points in the main appeal and it could not be taken up for final disposal immediately, this Court is inclined to suspend the sentence pending the criminal appeal.
7. Accordingly, this petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the criminal appeal and the petitioner is ordered to be enlarged on bail on executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the 3/5
satisfaction of the learned Judicial Magistrate, Sivakasi and on further condition that the petitioner shall stay in Tiruchirapplli and report before the Thottiam Police Station daily at 10.30am.
sd/- 21/02/2025 / TRUE COPY / 21/02/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.
DSK TO 1.THE JUDICIAL MAGISTRATE, SIVAKASI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT @ SRIVILLIPUTHUR.
3.THE INSPECTOR OF POLICE M.PUDUPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.
4.THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO THE INSPECTOR OF POLICE, THOTTIYAM POLICE STATION, TRICHY DISTRICT.
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+1 CC to M/s.A.BALAJI, Advocate ( SR-1956[I] dated 21/02/2025 )
ORDER
IN in CRL A(MD)No.399 of 2021 Date :21/02/2025 RK(21/02/2025) 5P / 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5