R.Manikandan v. State Of Tamilnadu Through
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14-02-2025
CORAM
THE HONOURABLE MR JUSTICE B.PUGALENDHI in Crl.A.(MD)No.1003 of 2024 R.Manikandan S/o.Ravi, 90/1, South Cotton Road, Tuticorin, Tuticorin District.
Petitioner(s) Vs State of Tamil Nadu through The Inspector of Police, South Police Station, Tuticorin, Tuticorin District. Crime No.733/2021.
Respondent(s) For Petitioner(s):
Mr.Ka.Raamakrishnan Advocate For Respondent(s):
Mr.P.Kottaichamy, Government Advocate (Crl. side) 1/5
ORDER
The petitioner is the sole accused in Spl.S.C.No.56 of 2022 on the file of the learned Sessions Judge, Magalir Neethimandram, Additional POCSO Court for Exclusive trial of cases under POCSO Act, Thoothukudi. After the trial, the trial Court, by its Judgment dated 22.04.2024, found the petitioner guilty for the offence under Section 9 of the Prohibition of Child Marriage Act 2006 and Section 3 r/w. 4(1) of Protection of Children from Sexual Offences Act and convicted and sentenced him as under:
(i) for the offence under Section 9 of the Prohibition of Child Marriage Act 2006, to undergo 6 months rigorous imprisonment and to pay a fine of Rs.1,000/-, with the default sentence of one month simple imprisonment; (ii) for the offence under Section 3 r/w. 4(1) of POCSO Act, to undergo 10 years rigorous imprisonment and to pay a fine of Rs.1,000/-, with the default sentence of one month simple imprisonment;
Challenging the Judgment of conviction and sentence, the petitioner has preferred an appeal in Crl.A.(MD)No.1003 of 2024 along with the petition for suspension of sentence. The Criminal Appeal was admitted by this Court on 19.11.2024.
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2. The learned counsel appearing for the petitioner, by relying on the statement of the victim girl recorded under Section 164 Cr.P.C. and the evidence of P.W.1 submits that the victim girl voluntarily went to the petitioner's house and compelled him to marry her and on the compulsion of the victim girl, the petitioner tied a thalli and had physical relationship with her.
3. Heard the learned Government Advocate (Crl. Side).
4. In the statement of the victim girl recorded under Section 164 Cr.P.C. she admits that she voluntarily went to the petitioner's house and stayed there for four or five days and on her compulsion, the petitioner tied a thalli.
5. Considering the period of incarceration, the statement of the victim girl recorded under Section 164 Cr.P.C. and as there is no likelihood of listing the criminal appeal for final hearing in the near future, this Court is inclined to suspend the sentence imposed on the petitioner.
6. Accordingly, the substantive sentence of imprisonment alone is suspended pending disposal of the criminal appeal and the petitioner is ordered to be enlarged on bail on executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Sessions Judge, Magalir Neethimandram, Additional POCSO Court for Exclusive Trial of Cases under POCSO Act, Tuticorin and on further condition that the petitioner shall appear 3/5
before the said Court on the first working day of every English Calender month at 10.30 a.m., till the disposal of the appeal.
sd/- 14/02/2025 / TRUE COPY / 14/02/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
OGY TO 1 THE SESSIONS JUDGE, MAGALIR NEETHIMANDRAM, ADDITIONAL POCSO COURT FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, TUTICORIN.
2 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.
3 THE INSPECTOR OF POLICE, SOUTH POLICE STATION, TUTICORIN, TUTICORIN DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.KA.RAAMAKRISHNAN, Advocate ( SR-1651[I] dated 14/02/2025 ) 4/5
ORDER
IN in Crl.A.(MD)No.1003 of 2024 Date :14/02/2025 SA/SAR. /14.02.2025/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5