Madras High CourtCRL MP(MD)/4469/2022allowed

Velusamy v. The Inspector Of Police

2022-05-19Honourable Mrs Justice T.V.Thamilselvi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of May Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI IN CRL A(MD) No.270 of 2022 VELUSAMY ... APPELLANT/SOLE ACCUSED Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PARAMAKUDI, RAMANATHAPURAM DISTRICT.

(CR.NO.30/2020) ... RESPONDENT/COMPLAINANT 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 of Imprisonment imposed by the learned Sessions Judge, Mahalir Neethimandram (Fast Track Mahila Court) Ramanathapuram in Spl.S.C.No.46/2021 dated 17.03.2022 and enlarge the petitioner/Appellant on bail, pending disposal of the above said Criminal Appeal.

PRAYER IN CRL A(MD) No.270 of 2022:

Pleased to call for the records of the learned Sessions Judge, Mahalir Neethimandram(Fast Track Mahila Court), Ramanathapuram in Spl.S.C.No.46 of 2021 and set aside the Conviction and sentence dated 17.03.2022 recorded by the learned Sessions Judge, Mahalir Neethimandram (Fast Track Mahila Court), Ramanathapuram in Spl.S.C.No.46 of 2021 and acquit the Appellant. 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.KARUNANITHI.M, Advocate for the petitioner and of M/S.M.AASHA, Government Advocate(Crl.side) on behalf of the Respondent, the Court made the following order:- This petition has been filed to suspend the sentence imposed by the learned Sessions Judge, Mahalir Neethimandram (Fast Track Court), Ramanathapuram in Spl.S.C.No.46 of 2021 dated 17.03.2022, till the disposal of the appeal.

2. A case in Crime No.30 of 2020 was registered against the petitioner and the same was taken on file as Spl.S.C.No.46 of 2021 on the file of the Fast Track Mahila Court, Ramanathapuram. The Fast Track Mahila Court, Ramanathapuram found the petitioner guilty 1/3

under Section 9(m), 9(u), 10, 11(i) and 12 of POCSO Act and convicted and sentenced him to undergo seven years rigorous imprisonment and to pay a fine of Rs.50,000/- in default, to undergo one year simple imprisonment. Further, the trial Court found the petitioner guilty under Section 451 IPC and convicted and sentenced him to undergo two years rigorous imprisonment and to pay a fine of Rs.10,000/- in default, to undergo six months simple imprisonment. Against the conviction and sentence, the petitioner has preferred an appeal in Crl.A.(MD)No.270 of 2022. Along with the appeal, the petitioner has filed the present petition for suspension of sentence pending disposal of the said appeal.

3. The learned counsel appearing for the petitioner submitted that the petitioner is in custody for a period of one year. Further more, he has permanent residence at Paramakudi and ready to abide any condition. Hence, prayed the sentence to be suspended till the disposal of the appeal.

4. Heard the submission of the learned Government Advocate (Crl.Side).

5. Considering the facts and circumstances of the case and also considering the period of incarceration, I am of the considered opinion that the petitioner is entitled for the relief of suspension of sentence.

6. 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 for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties each for a like sum to the satisfaction of the learned Sessions Judge, Mahalir Neethimandram (Fast Track Court), Ramanathapuram and on further condition that the petitioner shall appear before the said Court weekly once i.e., on every Wednesday at 10.30 a.m. pending disposal of the appeal.

sd/- 19/05/2022 / TRUE COPY / 20/05/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SESSIONS JUDGE, MAHALIR NEETHIMANDRAM(FAST TRACK MAHILA COURT), RAMANATHAPURAM.

2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PARAMAKUDI, RAMANATHAPURAM DISTRICT.

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3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.M.KARUNANITHI, Advocate ( SR-4874[I] dated 20/05/2022 )

ORDER

IN IN CRL A(MD) No.270 of 2022 Date :19/05/2022 SS/JM/SAR:II/20.05.2022 : 3P/6C 3/3