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Madras High CourtCRL MP(MD)/2352/2022dismissed

Chinnakkalai @ Sevugan v. The Inspector Of Police

2022-03-30Honourable Mr Justice G.K. Ilanthiraiyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Jurisdiction Wednesday, the Twenty Sixth day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN in Crl.A(MD) No.47 of 2022 Chinnakkalai @ Sevugan ... Petitioner/Sole Accused Vs The Inspector of Police All Women Police Station Keeranur Pudukkottai District.

(Crime No.10/2020).

... Respondent/Complainant Prayer in CRL.MP(MD)No.2352 of 2022:- This Criminal Miscellaneous Petition is filed under section 389(1) of Cr.P.C., to suspend the sentence of Imprisonment imposed in Spl.SC.No.34/2020 on the file of the Sessions Judge Mahila Court, Pudukkottai dt.4/5/2021 and enlarge the Petitioner/Appellant on bail, pending disposal of the above Criminal Appeal. Prayer in CRL A(MD). No.47 of 2022 :- This Criminal Appeal is filed under section 374(2) Cr.P.C., to call for the records 1/4

and set aside the judgment and conviction dated 04.05.2021, by the learned Sessions Judge, Mahila Court, Pudukkotai in SPL.SC.No.34 of 2020 and acquit the Appellant. ORDER:- This petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.D.Ramesh Kumar, Advocate for the Petitioner this Court made the following order:

This petition has been filed to suspend the sentence of imprisonment imposed in Spl.S.C.No.34 of 2020 on the file of the Sessions Judge Mahila Court, Pudukkottai dated 04.05.2021 and enlarge the petitioner/appellant on bail, pending disposal of the above criminal appeal.

2. The case of the prosecution is that on the date of incident, while the victim girl aged about 9 years, was alone in her home, the petitioner/accused misbehaved and sexually assaulted her.

3. On perusal of 164 of Cr.P.C statement recorded from the victim girl, it 2/4

reveals that the appellant had committed very serious and heinous offence as against the victim girl. Hence, this Court is not inclined to entertain this petition. Therefore, this Criminal Miscellaneous petition is dismissed. Sd/- Assistant Registrar (CS-I) // True Copy // /08/2023 Sub Assistant Registrar(CS) Mn TO

1. The Sessions Judge, Mahila Court, Pudukkottai.

2. The Superintendent, Central Prison, Tiruchirappalli.

3. The Inspector of Police All Women Police Station Keeranur Pudukkottai District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai Copy to:

The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai. (2 COPIES) 3/4

ORDER DATED : 26/07/2023 ==========================

ORDER

========================== in Crl.A(MD) No.47 of 2022 Giving direction and etc.

as stated within.

RD(03/08/2023) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4