Singamuthu v. The Inspector Of Police
CRL MP(MD) No.12984 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the First day of November Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL MP(MD) No.12984 of 2022 in CRL A(MD) No.695 of 2022 SINGAMUTHU ... PETITIONER/APPELLANT/SOLE ACCUSED Vs State Rep.by THE INSPECTOR OF POLICE ALL WOMAN POLICE STATION, PUDUKOTTAI.
(CRIME NO.20 OF 2021) ... 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 by granting bail in Special SC No.12/2022 dated 11.10.2022 on the file of the Sessions Judge, Mahila Court, Pudukottai, Pudukottai District pending disposal of the above Criminal Appeal.
Prayer in CRL A(MD).695 of 2022 :
To admit this appeal on file, to call for the records from the lower court in Special S.C.No.12 of 2022 on the file of Sessions Judge, Mahila Court, Pudukottai, Pudukottai District and set aside the judgement dated 11.10.2022 by acquitting the accused and by allowing the 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 M/S.RAJARAJAN M, Advocate for the petitioner and of MR.S.MANIKANDAN, Government Advocate (Crl.Side) on behalf of the Respondent, while admitting the Criminal Appeal, the court made the following order:- This Criminal Miscellaneous Petition is filed to suspend the sentence imposed by the learned Sessions Judge, Mahila Court, Pudukottai, Pudukottai District, dated 11.10.2022 in Spl.S.C.No.12 of 2022 and enlarge the petitioner on bail, pending disposal of the above said Criminal Appeal.
2.The learned counsel for the petitioner submitted that the petitioner has been convicted by the learned trial judge, for the alleged offence under Section 12 of the Protection of Children from Sexual Offences Act, 2012 and sentenced him to undergo three years rigorous imprisonment and to pay a fine of Rs.20,000/- in default to undergo simple imprisonment for a period of 6 months, in https://www.mhc.tn.gov.in/judis 1/2
CRL MP(MD) No.12984 of 2022 Spl.S.C.No.12 of 2022 on the file of the learned Sessions Judge, Mahila Court, Pudukottai, Pudukottai District. 3.It is submitted by the learned counsel for the petitioner that the sentence was already suspended by the trial Court for a period of one month 4.Having regard to the fact that there are arguable points involved in the appeal and further, the appeal is not likely to be taken up for final hearing in the near future and also considering the fact the petitioner is already enlarged on bail by the trial Court, the suspension of sentence petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the appeal 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, Mahila Court, Pudukottai, Pudukottai District and on further condition that the petitioner shall appear before the said Court once in a week at 10.30 a.m. pending appeal.
sd/- 01/11/2022 / TRUE COPY / 03/11/2022 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, PUDUKOTTAI. 2 THE INSPECTOR OF POLICE, ALL WOMAN POLICE STATION, PUDUKOTTAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.M.RAJARAJAN, Advocate ( SR-12244[I] dated 02/11/2022 ) ORDER IN CRL MP(MD) No.12984 of 2022 in CRL A(MD) No.695 of 2022 TM Date :01/11/2022 RS/VR/SAR.(03.11.2022) 2P-5C https://www.mhc.tn.gov.in/judis 2/2