High Court · 2025

Crl.MP.(MD).No.606 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 21.01.2025CORAM THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNANCrl.MP.(MD).No.606 of 2025andCrl.A(MD)No.45 of 2025P.Kalaivanan ... Petitioner/Appellant/ Accused No.1Vs.The State of Tamil Nadu represented by its,The Inspector of Police,All Women Police Station,Ramanathapuram,Ramanathapuram District.(In Crime No.21 of 2020) ... Respondent/Respondent/RespondentPRAYER : Petition filed under Section 430(1) of BNSS, 2023, to suspend the sentenceimposed upon the petitioner by the learned Sessions Judge, Mahila Court (Fast TrackCourt), Ramanathapuram, in Spl.S.C.No.41 of 2021 dated 30.12.2024, pendingdisposal of the Criminal Appeal. For Petitioner : Mr.R.Murugan For Respondent : Mr.M.Sakthi KumarGovernment Advocate (Crl. Side) ORDERThis Criminal Miscellaneous Petition has been filed to suspend the sentence andfine passed by the learned Sessions Judge, Mahila Court (Fast Track Court),1/6 https://www.mhc.tn.gov.in/judis Crl.MP.(MD).No.606 of 2025Ramanathapuram, in Spl.S.C.No.41 of 2021 dated 30.12.2024, to enlarge the petitioneron bail till the disposal of the Criminal Appeal.2. The case of the prosecution is that the petitioner is the accused No.1 inSpl.S.C.No.41 of 2021 and facing charges under Sections 342, 294(b), 506(i) and 7 r/w8 of POCSO Act. As per the allegation, the defacto complainant is the mother of thevictim, who is aged about 14 years at the time of occurrence. The defacto complainantwent to her mother's house along with her children to celebrate the temple festival.On 10.12.2020, when the victim girl was in her grand-mother's house alone, theaccused is said to have tried to commit the sexual assault upon the victim girl. At thattime, in order to save herself, she bit his hand and ran out of the house and the samewas witnessed by others. On knowing the occurrence, the defacto complainant wentto the house of the petitioner and directed A2 & A3, who are the parents of A1 towarn A1. Thereby, A1 to A3 went to the house of the defacto complainant andabused the defacto complainant in filthy language and abused defacto complainantand her daughter with dire consequences. Hence, the complaint. 3. On receipt of the complaint, the respondent police registered a case in CrimeNo.21 of 2020 for the offences under Sections 448, 3342, 294(b), 506(i) of IPC and 7r/w 8 of POCSO Act.4. The respondent police, after completing the investigation, has laid a final2/6 https://www.mhc.tn.gov.in/judis Crl.MP.(MD).No.606 of 2025report before the learned Sessions Judge, Mahila Court (Fast Track Court),Ramanathapuram, and the same was taken on file in Spl.S.C.No.41 of 2021 for theoffences under Sections 448, 342, 294(b), 506(i) of IPC and 7 r/w 8 of POCSO Act. 5. During the trial, the prosecution has examined 8 witnesses as P.W.1 to P.W.8and exhibited 9 documents as Ex.P.1 to Ex.P.9 were marked and 9 Material Objectswere marked as MO.1 to Mo.9. On the side of the defence, no one was examined andno document was marked and one material object was marked as MO.1.6. The learned Sessions Judge, upon considering the evidences adduced and onhearing the arguments on both the sides, acquitted the petitioner from the offenceunder Sections 294(b) & 506(1) of IPC and convicted the him for the offence underSection 448, 342 of IPC and 7 r/w 8 of POCSO Act, and sentenced him to undergo 6months Rigorous Imprisonment and to pay a fine of Rs.500/- each in default, toundergo 2 months Simple Imprisonment for each offence under Sections 448, 342 ofIPC and sentenced him to undergo 3 years Rigorous Imprisonment and to pay a fineof Rs.3,000/- in default to undergo 6 months Simple Imprisonment for the offenceunder Section 7 r/w 8 of POCSO Act.7. Thereafter, the trial Court has granted interim suspension of sentence to thepetitioner. 8. Challenging the above said conviction and sentence, the petitioner has3/6 https://www.mhc.tn.gov.in/judis Crl.MP.(MD).No.606 of 2025preferred the present Criminal Appeal along with the above Miscellaneous Petitionsseeking suspension of sentence.9. The learned Counsel for the petitioner submitted that there is inordinate andunexplained delay in lodging the complaint. The petitioner and the defactocomplainant are the close relative. Due to previous enmity between the petitioner'sbrother namely, Karikalan and the sister of the defacto complainant namely,Vellaiyammal, a false case has been foisted against the petitioner. Further, a numberof contradictions between the evidences regarding the alleged occurrence. In the saidcircumstance, the offence is not made out against the petitioner. Hence, he seeks togrant of suspension of sentence to the petitioner. 10. The learned Additional Public Prosecutor appearing for the respondentwould submit that there are enough materials available on record against thepetitioner and hence, he strongly opposed to grant suspension of sentence. 11. This Court has carefully considered the rival submissions by either side andalso perused the materials available on record.12. Considering the facts and circumstances of the case and also considering thefact that the trial Judge has already granted interim suspension of sentence to thepetitioner, and there is no antecedent against the petitioner and certain infirmities,inconsistencies and contradictions in material particulars brought to the knowledge4/6 https://www.mhc.tn.gov.in/judis Crl.MP.(MD).No.606 of 2025of this Court, this Court prima facie feels that there are arguable points involved inthis criminal appeal and further the criminal appeal is not likely to be taken up forfinal hearing in the near future. Hence, this Court is inclined to grant of suspension ofsentence. 13. Accordingly, the relief of suspension of sentence is granted to the petitioneron the following conditions:-(i) The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees TwentyFive Thousand only) with two sureties each for a like sum to the satisfaction of theSessions Judge, Mahila Court (Fast Track Court), Ramanathapuram,(ii) The sureties shall affix their photographs and Left Thumb Impression in thesurety bond and the trial Court may obtain a copy of their Aadhar card or Bank PassBook to ensure their identity; and(iii) The petitioner shall appear before the concerned Court once in a month i.e.,on first working day of every English calendar month at 10.30 a.m., till the disposal ofthe appeal. sd/- 21/01/2025/ TRUE COPY / /01/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. dss5/6 https://www.mhc.tn.gov.in/judis Crl.MP.(MD).No.606 of 2025To1. The Sessions Judge, Mahila Court (Fast Track Court), Ramanathapuram.2.The Inspector of Police, All Women Police Station, Ramanathapuram, Ramanathapuram District.3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.R.MURUGAN, Advocate ( SR-546[I] dated 21/01/2025 ) ORDER IN Crl.MP.(MD).No.606 of 2025andCrl.A(MD)No.45 of 2025 Date :21/01/2025RS/GSV/SAR-(23.01.2025) 6P 5CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/20236/6