Ramesh v. The State Rep. byThe Inspector of Police
Case at a glance
Outcome
Allowed
Accordingly, this criminal miscellaneous petition stands allowed and the sentence imposed on the petitioner is suspended on the following conditions:(i)The petitioner shall execute a bond for a sum of Rs
Provisions considered
Key paragraphs
- Para 66. Accordingly, this criminal miscellaneous petition stands allowed and the sentence imposed on the petitioner is suspended on the following conditions: (i)The petitioner shall execute a bond for a sum of Rs.10,000/-, with two sureties, each for a like sum to the satisfaction of the…
Judgment
Crl.M.P.No.15342 of 2024 in Crl.A.No.1340 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 05.11.2024CORAMTHE HONOURABLE MR.JUSTICE SUNDER MOHANCrl.M.P.No.15342 of 2024in Crl.A.No.1340 of 2024 Ramesh... Petitioner/Sole AccusedVs.The State Rep. by The Inspector of Police, All Women Police Station, Tirupur-South, Tirupur City. (Cr.No.4/2022)... RespondentPRAYER: Criminal Miscellaneous Petition filed under Section 389[1] of Cr.P.C., to suspend the sentence imposed in Spl.S.C.No.66 of 2022 dated 07.10.2024 on the file of the learned Sessions Judge, Fast Track Mahila Court, Tirupur, and enlarge the petitioner on bail pending disposal of the above Criminal Appeal. For Petitioner: Mr.P.M.DuraiswamyFor Respondent: Mr.V.J.Priyadarsana Government Advocate (Crl. Side) assisted by Ms.A.Shahana FathimaORDERThis Criminal Miscellaneous Petition has been filed seeking to suspend the sentence imposed on the petitioner/accused by judgment and Page No.1 of 6 https://www.mhc.tn.gov.in/judis Crl.M.P.No.15342 of 2024 in Crl.A.No.1340 of 2024order dated 07.10.2024 passed in Spl.S.C.No.66 of 2022 on the file of the learned Sessions Judge, Fast Track Mahila Court, Tirupur, and to enlarge the petitioner on bail pending disposal of the appeal.
The petitioner, who is the sole accused in the above Sessions Case, was convicted for the offence under Section 7 r/w 8 of POCSO Act and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.5,000/-, in default to undergo simple imprisonment for six months.
Heard Mr.P.M.Duraiswamy, learned counsel for the petitioner and Mr.V.J.Priyadarsana, learned Government Advocate (Crl. Side) appearing for the respondent/State.
The sentence of imprisonment was suspended by the trial Court till 07.11.2024. The petitioner has raised substantial grounds which have to be adjudicated in the appeal.
Considering the above and the fact that the appeal is not likely to be taken up in the near future, this Court is inclined to grant the relief of Page No.2 of 6 https://www.mhc.tn.gov.in/judis Crl.M.P.No.15342 of 2024 in Crl.A.No.1340 of 2024suspension of sentence to the petitioner.
Operative part
Accordingly, this criminal miscellaneous petition stands allowed and the sentence imposed on the petitioner is suspended on the following conditions:
(i)The petitioner shall execute a bond for a sum of Rs.10,000/-, with two sureties, each for a like sum to the satisfaction of the learned Sessions Judge, Fast Track Mahila Court, Tirupur;
(ii)The petitioner and 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 and mobile numbers to ensure their identity; and (iii)The petitioner shall appear before the trial Court on the first working day of every month at 10.30 a.m. until the disposal of the appeal and if he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court.05.11.2024Page No.3 of 6 https://www.mhc.tn.gov.in/judis Crl.M.P.No.15342 of 2024 in Crl.A.No.1340 of 2024arsIssue order copy by 07.11.2024Upload the order copy forthwith. Page No.4 of 6 https://www.mhc.tn.gov.in/judis Crl.M.P.No.15342 of 2024 in Crl.A.No.1340 of 2024SUNDER MOHAN, J.arsTo1.The Sessions Judge, Fast Track Mahila Court, Tirupur.2. The Inspector of Police, All Women Police Station, Tirupur-South, Tirupur City. 3. The Public Prosecutor, Madras High Court. Crl.M.P.No.15342 of 2024in Crl.A.No.1340 of 202405.11.2024Page No.5 of 6 https://www.mhc.tn.gov.in/judis Crl.M.P.No.15342 of 2024 in Crl.A.No.1340 of 2024 Page No.6 of 6
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, this criminal miscellaneous petition stands allowed and the sentence imposed on the petitioner is suspended on the following conditions:(i)The petitioner shall execute a bond for a sum of Rs
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 317; Protection of Children from Sexual Offences Act, 2012.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.