Kalaiyar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Ninth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice P. VADAMALAI in CRL.A.(MD)No.1100 of 2023 KALAIYAR ... PETITIONER/APPELLANT/ACCUSED (NOW AT CENTRAL PRISON, MADURAI) Vs THE INSPECTOR OF POLICE VEDASANTHUR POLICE STATION, DINDIGUL DISTRICT.

CRIME NO.124 OF 2021.

... RESPONDENT/RESPONDENT/ COMPLAINANT Criminal Miscellaneous 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 imposed on Petitioner vide Judgment dt.21.3.2023 made in Spl.SC.No.83 of 2021 on the file of the Learned (Sessions Judge),Fast Track Mahila Court,Dindigul and enlarged Petitioner on bail.

PRAYER IN CRL.A.(MD)No.1100 of 2023:

To call for the entire records and set aside the Judgment made in Spl.S.C.No.83 of 2021 dated 21.03.2023 on the file of the Learned (Sessions Judge),Fast Track Mahila Court,Dindigul 1/6

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.MUTHUSAMUNDEESWARAN S.V., Advocate for the petitioner and of MR.S.MANIKANDAN, Government Advocate(Crl.side) on behalf of the Respondent the court made the following order:- Reserved on : 22.12.2023 Pronounced on : 09.01.2024 This Criminal Miscellaneous Petition is filed to suspend the sentence imposed against the petitioner by the learned Sessions Judge, Fast Track Mahila Court, Dindigul in Spl.S.C.No.83 of 2021 dated 21.03.2023 and enlarge the petitioner on bail.

2. The case of the prosecution is that on 01.03.2021, the petitioner /accused had kidnapped the defacto complainant's daughter, who is a minor girl aged about 16 years to his house and also had sexually assaulted her. Based on the complaint, F.I.R. was registered in Crime No.124 of 2021 for the offence under Sections 363 of IPC and Section 8 of POCSO Act, 2012. After completion of investigation, final report was filed before the Fast Track Mahila Court, Dindigul and the same was taken on file in Spl.S.C.No.83 of 2021.

3. Before the trial Court, on the side of the prosecution, 9 witnesses have been examined as P.W.1 to P.W.9 and 18 documents were marked as Ex.P1 to Ex.P18. On 2/6

the defence side, no witness was examined and no exhibit was marked.

4. The learned Trial Judge, upon considering the evidence both oral and documentary and on hearing the arguments on both the sides, has passed the impugned judgment dated 21.03.2023 convicting the petitioner for the offence under Section 363 of IPC and sentenced him to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.1,000/-, in default, to undergo simple imprisonment for a period of three months and sentenced him to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.5,000/-, in default, to undergo simple imprisonment for a period of three months for the offence under Section 8 of the POCSO Act. Challenging the above said conviction and sentence, the petitioner preferred the present Criminal Appeal along with the above Miscellaneous Petition seeking suspension of sentence.

5. The learned counsel for the petitioner would submit that there are several infirmities in the prosecution case and further there are contradictions in material particulars between the evidence of the prosecution witnesses and he prays to allow this petition.

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6. The learned Additional Public Prosecutor appearing for the respondent would submit that there are enough materials available on record against the petitioner and hence, 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. Considering the period of incarceration and 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 as such, this Court is of the considered view that the petitioner herein is entitled to the relief of grant of suspension of sentence.

9. Accordingly, this petition is allowed and the substantive sentence of imprisonment alone is suspended till the disposal of the appeal on the following conditions:- (i) The petitioner/Accused is directed to be enlarged on bail on condition that 4/6

the petitioner/Accused shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the 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; and (iii) The petitioner/Accused shall appear before the trial Court once in a month i.e., on the first working day of every English calendar month at 10.30 a.m., until further orders.

sd/- 09/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S. -I/ II/ III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

vsd TO 1.THE SESSIONS JUDGE, FAST TRACK MAHILA COURT, DINDIGUL 2.THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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3.THE INSPECTOR OF POLICE VEDASANTHUR POLICE STATION, DINDIGUL DISTRICT.

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

+1 cc to MR.S.V.MUTHU SAMUNDEESWARAN, Advocate SR-473

ORDER

IN in CRL.A.(MD)No.1100 of 2023 Date :09/01/2024 RK/ (09/01/2024) 6P /6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6