Selvakumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of October Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN IN CRL A(MD)No.398 of 2021 SELVAKUMAR ... PETITIONER/APPELLANT/ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PUDUKKOTTAI DISTRICT.
(CRIME NO.11 OF 2020) ... RESPONDENT/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 execution of sentence in Spl.S.C.No. 26 of 2020 on the file of the Hon'ble Mahila court, Pudukkottai and enlarge the petitioner on bail, till the disposal of Criminal appeal. PRAYER IN CRL A(MD)No.398 of 2021:
To call for the records relating to the judgment dated 26.08.2021 made in Spl.S.C.No.26 of 2020 on the file of the Mahila Court Pudukkottai and set aside the conviction and sentence dated 26.08.2021 and acquit the appellant by allowing this criminal appeal.
Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.K.BAALASUNDHARAM, Advocate for the petitioner and of Mr.E.ANTONY SAHAYA PRABAHAR, Additional Public Prosecutor on behalf of the Respondent, While admitting the Criminal Appeal, the court made the following order:- This Criminal Miscellaneous Petition has been preferred seeking to suspend the sentence imposed on the petitioner, by judgment dated 26.08.2021 passed in Spl. S.C.No.26 of 2020, on the file of the Sessions Judge (FTC), Mahila Court, Pudukkottai and to enlarge the petitioner, on bail pending disposal of the appeal. 2.The petitioner is arrayed as sole accused in the above referred case. After full-fledged trial, the learned trial Judge came to the conclusion that the petitioner was found guilty under Section 12 of POCSO Act and sections 341 and 506(i) IPC, convicted and sentenced him as detailed below:- 1/3
Charge No.
Convicted under Section Sentence of imprisonment/fine imposed 01.
12 of POCSO Act Rigorous Imprisonment for 3 years and imposed a fine of Rs.20,000/-, in default to undergo SI for one year.
02.
341 IPC Simple Imprisonment for 1 month and imposed a fine of Rs.500/-, in default to undergo SI for one month.
03.
506(i) IPC Rigorous Imprisonment for 2 years and imposed a fine of Rs.10,000/-, in default to undergo SI for 6 months.
04.
294(B) IPC Fine of Rs.500/-, in default to undergo one month Simple Imprisonment.
3.Challenging the above said conviction and sentence, the petitioner has filed Crl.A(MD) No.398 of 2021 along with the instant miscellaneous petition seeking suspension of sentence and bail. 4.Heard Mr.K.Baalasundharam, learned counsel for the petitioner and Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor appearing for the respondent/State. 5.It is submitted by the learned counsel for the petitioner that there are several infirmities in the prosecution case and further there are contradictions in material particulars between the evidence of the prosecution witnesses. The learned counsel for the petitioner further submitted that the petitioner has been in judicial custody from 26.08.2021.
6.It is submitted by the learned Additional Public Prosecutor that there are enough materials available on record against the petitioner, as per the evidence adduced by the prosecution, there is no infirmity in the prosecution case. Accordingly, he strongly opposed to grant suspension of sentence.
7.This Court has carefully considered the rival contentions put forward by either side and also perused the materials available on record.
8.The learned counsel for the petitioner pointed out that certain infirmities and inconsistencies in this case and also certain contradictions in material particulars. The fact remains that there are arguable points involved in this criminal appeal and further the criminal appeal is not likely to be taken up for final hearing in the near future and the petitioner is in jail since 26.08.2021 and as such, this Court is of the considered view that the petitioner herein is entitled to the relief of grant of suspension of sentence till the disposal of the appeal. 9.Accordingly, the relief of suspension of sentence and bail is granted to the petitioner on the following conditions:- 2/3
(i) The petitioner shall execute a bond for a sum of Rs.25,000/- with two sureties, of whom, one should be a blood relative, each for a like sum to the satisfaction of the Sessions Judge, Mahila Court, Pudukkottai; (ii) The sureties shall affix their photographs and Left Thumb Impression in the 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 respondent police daily at 10.30 am for a period of one month and thereafter, shall appear before the trial Court on the first working day of every month at 10.30 a.m until further orders and if he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 317 of Cr.P.C and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court. sd/- 28/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
TO 1 THE SESSIONS JUDGE, MAHILA COURT PUDUKKOTTAI.
2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PUDUKKOTTAI DISTRICT.
3 THE SUPERINTENDENT, CENTRAL PRISON, TIRUCHIRAPPALLI.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.
+1. C.C. to MR.BAALASUNDHARAM K Advocate SR.No.7538 ORDER IN CRL MP(MD) No.7540 of 2021 IN CRL A(MD)No.398 of 2021 Date :28/10/2021 SA/SKN/SAR.3/28.10.2021/3P/6C 3/3