Sasikumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27-02-2025

CORAM

THE HONOURABLE MR JUSTICE B.PUGALENDHI in CRLA(MD)No.1129 of 2023 Sasikumar S/o. Arockiyam, North Street, Ramaiyanpatti, Dindigul District.

Petitioner(s) Vs The Inspector of Police All Women Police Station, Dindigul District. Crime No.33 of 2011.

Respondent(s) Prayer: Petition filed under Section 389(1) of CRPC to suspend the sentence imposed passed in SC.No.13 of 2020 dated 03.08.2023 on the file of the Fast Track Mahila Court, Dindigul and enlarge the petitioner / appellant / single accused on bail pending disposal of the above criminal appeal. For Petitioner(s) : M/s.Mohamed Hashim A For Respondent(s): Mr.P.Kottaichamy, Government Advocate

ORDER

The petitioner the accused in SC.No.13 of 2020 on the file of the Fast Track Mahila Court, Dindigul was found guilty, convicted and sentenced to undergo 10 1/3

years rigorous imprisonment with a fine of Rs.10,000/-, in default, to undergo 6 months simple imprisonment for the offence under Section 376 IPC. As against the conviction, the petitioner has filed an appeal in CrlA(MD)No.1129 of 2023 and the appeal has been admitted by this Court. Along with the appeal, the petitioner has filed this miscellaneous petition to suspend the sentence pending the appeal. 2.When this application is taken up for hearing there is no representation for the petitioner.

3.The learned Government Advocate (Crl Side) appearing for the respondent submits that the petitioner is none other than the father of the victim girl. He impregnated the victim girl and the victim girl delivered a premature baby and it died. The blood samples of the victim, the baby and the DNA of the accused were subjected for forensic analysis. The reports confirmed that the petitioner is the biological father of the child. Therefore, the trial Court has rightly found the petitioner guilty and convicted.

4.This application was filed on 22.12.2023 to suspend the sentence pending the appeal. However there is no representation for the petitioner. Considering that this 2/3

application is pending for more than one year and on the objections raised by the learned Government Advocate, as there is no representation for the petitioner, this petition is closed.

sd/- 27/02/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSK TO 1 THE FAST TRACK MAHILA JUDGE, DINDIGUL.

2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

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

ORDER

IN in CRLA(MD)No.1129 of 2023 Date :27/02/2025 SA/GSV/SAR. /01.04.2025/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3