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Madras High CourtCRL MP(MD)/3405/2022allowed

Saravanan @ Dhanasekarapandian v. The Deputy Superintendent Of Police

2022-03-14Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL MP(MD) No.3405 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourteenth day of March Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL MP(MD) No.3405 of 2022 IN CRL A(MD) No.206 of 2022 SARAVANAN @ DHANASEKARAPANDIAN ... PETITIONER/APPELLANT Vs THE STATE REP. BY, THE DEPUTY SUPERINTENDENT OF POLICE, ALL WOMEN POLICE STATION, MELUR SUB DIVISION, MADURAI DISTRICT. ... RESPONDENT/RESPONDENT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to suspend the sentence passed by the learned III Additional District and Sessions Court (PCR), Madurai in Special Case No. 13 of 2020, Dated 17.02.2022 and enlarge the petitioner on bail pending disposal of the above Criminal Appeal.

PRAYER IN CRL A(MD) No.206 of 2022 :

Pleased to call for the records relating to the conviction passed in Special Case No.13 of 2020 on the file of the III Additional District and Sessions Court(PCR), Madurai dated 17.02.2022 and set aside the same.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S. VAKEESWARAN C, Advocate for the petitioner and of M/S.M.AASHA, Government Advocate (Criminal Side) on behalf of the Respondent, while admitting the Criminal Appeal, the court made the following order:- This petition has been filed praying to suspend the sentence imposed against the petitioner in Special Case No. 13 of 2020 dated 17.02.2022 by the III Additional District and Sessions Court (PCR) Madurai.

2. The case of the prosecution is that the petitioner and PW1 loved each other and their marriage was solemnized on 16.03.2011 and on 25.03.2012 a male child was born. Later it came to the knowledge of PW.1 that the petitioner has already married one Meenakshi and a girl child was also there. On 30.12.2012 the family members of the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.3405 of 2022 petitioner have insisted PW.1 at Melur Civil Court to make panchayat and they offered Rs.10,00,000/- to PW.1 and she refused to accept the same. A2 to A4 scolded PW.1 and thereby she preferred complaint and case has been registered against the petitioner and his family members. After trial the petitioner was convicted for the offence under Section 417 of IPC and ordered to undergo one year rigorous imprisonment and also to pay a fine of Rs.10,000/- I/d to undergo three months imprisonment.

3.Considering the nature of the offence alleged to have been committed by the petitioner/appellant and also quantum of punishment imposed against him, this Court is of the view to suspend the sentence imposed in Special Case No. 13 of 2020 till the disposal of Criminal Appeal No.206 of 2022 and also decided to grant bail subject to the following conditions.

4.In fine, this petition is allowed and the sentence imposed in Special Case No. 13 of 2020 is alone suspended till the disposal of Criminal Appeal No.206 of 2022 and the petitioner shall be released on bail on executing a bond to the tune of Rs.10,000/- with two blood related sureties each for a likesum to the satisfaction of the III Additional District and Sessions Court (PCR) Madurai. The petitioner is directed to report before the III Additional District and Sessions Court (PCR) Madurai daily at 10.30 a.m., until further orders.

sd/- 14/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE (PCR), MADURAI.

2. THE DEPUTY SUPERINTENDENT OF POLICE, ALL WOMEN POLICE STATION, MELUR SUB DIVISION, MADURAI DISTRICT.

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

+1 CC to M/s.C.VAKEESWARAN, Advocate ( SR-1980[I] dated 14/03/2022 ) ORDER IN CRL MP(MD) No.3405 of 2022 IN CRL A(MD) No.206 of 2022 Date :14/03/2022 USK/PN/SAR-IV/14.03.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2