Madras High CourtCRL MP(MD)/13799/2023closed

Saravana Kumar v. The Inspector Of Police

2023-09-27Honourable Mr Justice K.K. Ramakrishnan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eighth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice VIVEK KUMAR SINGH in CRL A(MD)No. 888 of 2023 SARAVANA KUMAR ... APPELLANT/PETITIONER Vs THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, DINDIGUL DISTRICT.

... RESPONDENT/RESPONDENT Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to enlarge him on bail by suspending the sentence imposed on him by the Sessions Judge,Fast Track Mahila Court,Dindigul in Spl.SC.No.80 of 2023,dt.8.9.2023 pending disposal of the above Criminal Appeal.

PRAYER IN CRL A(MD)No. 888 of 2023:

Pleased to call for the records and set aside the judgment made in Spl.S.C.No. 80 of 2023 by the Sessions Judge, Fast Track Mahila Court, Dindigul dated 08.09.2023. Order : This Criminal Miscellaneous Petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.VENKATESH.D, Advocate for the petitioner and of MR.A.THIRUVADI KUMAR, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- 1/6

The petitioner has filed this Criminal Miscellaneous Petition praying to suspend the sentence imposed on him by the learned Sessions Judge, Fast Track Mahila Court, Dindigul District, in Spl.S.C.No.80 of 2023 dated 08.09.2023 and to enlarge him on bail, pending disposal of the Criminal Appeal.

2. It is submitted by the learned counsel for the petitioner that a case has been registered against the petitioner in Crime No.22 of 2021, on the file of the respondent/Inspector of Police, All Women Police Station, Dindigul, for the offences punishable under Section 5(1), 5(j)(ii) r/w.6 of 'the Protection of Children from Sexual Offences Act, 2012' [hereinafter referred to as 'POCSO Act' for the sake of brevity] and the same was taken on file in Spl.S.C.No.80 of 2023 before the learned Sessions Judge, Fast Track Mahila Court, Dindigul. The petitioner was convicted and sentenced to undergo 20 years rigorous imprisonment and to pay a fine of Rs.

1,000/- (Rupees One Thousand only) with six months simple imprisonment in case of default for the offence under Section 6 of POCSO Act and to undergo four years rigorous imprisonment and to pay a fine of Rs.1,000/- (Rupees One Thousand only) with three months simple imprisonment in case of default for the offence under Section 366 of IPC.

suspension of sentence.

3. The learned counsel appearing for the petitioner would submit that the trial Court failed to see the statement of the victim girl under 164 of Cr.P.C., which clearly shows that there is a love affair between the victim and the petitioner and denial of the petitioner to perform marriage alone leads to foist the present complaint and P.W.4-Doctor has specifically admitted that while admitting the victim, her age was 18. There is no evidence to prove the charge levelled against the petitioner. The prosecution witness does not support the case of the complainant. He further submitted that the petitioner and the victim girl loved each other. He also submitted that the petitioner is in judicial custody from 08.09.2023. Hence, the learned counsel prays for suspension of sentence of the petitioner.

4. The learned Additional Public Prosecutor appearing on behalf of the respondent vehemently opposed this petition informing that the allegations levelled against the petitioner/accused are serious in nature. At the time of occurrence, the victim girl was a minor and hence, prays to dismiss the petition.

5. Heard the learned counsel appearing for the petitioner and the learned 3/6

Additional Public Prosecutor appearing for the State and perused the materials available on record.

6. This Court finds force in the submission of the learned counsel for the petitioner. Admittedly, the victim girl and the petitioner loved each other. Based on the complaint lodged by the victim's mother, a case was registered. Hence, this Court is of the prima facie view that there are arguable points involved in this Criminal Appeal. Moreover, the petitioner has been incarcerated from 08.09.2023 and further the Criminal Appeal is not likely to be taken up for final hearing in the near future, this Court is of the considered view that the petitioner herein is entitled to the relief of grant of suspension of sentence.

7. Accordingly, this Criminal Miscellaneous Petition is allowed. The sentence imposed by the learned Sessions Judge, Fast Track Mahila Court, Dindigul, in Spl.S.C.No.80 of 2023 dated 08.09.2023 alone is suspended, subject to the following stringent conditions :- i) The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two blood sureties each for a like sum to the 4/6

satisfaction of the learned Sessions Judge, Fast Track Mahila Court, Dindigul; 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;

iii) The petitioner shall appear and sign before the concerned Court daily at 10.30 a.m. and 5.30 p.m., till the disposal of the appeal. iv) The petitioner shall furnish his residential address and mobile number to the Trial Court i.e., learned Sessions Judge, Fast Track Mahila Court, Dindigul.

8. Subject to the above conditions, this Criminal Miscellaneous Petition is allowed.

sd/- 08/03/2024 / TRUE COPY / 14/03/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

RM TO THE SESSIONS JUDGE FAST TRACK MAHILA COURT, DINDIGUL.

5/6

THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, DINDIGUL DISTRICT.

THE SUPERINTENDENT CENTRAL PRISON, MADURAI.

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

+1 CC to M/s.D.VENKATESH, Advocate ( SR-2962[I] dated 08/03/2024 )

ORDER

IN in CRL A(MD)No. 888 of 2023 Date :08/03/2024 PKP/14.03.2024/ 6P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6