Judgment · High Court
Case at a glance
Outcome
Allowed
Having regard to the fact that there are arguable points involved in theappeal, the suspension of sentence petition is allowed and the substantive sentenceof imprisonment alone is suspended pending disposal of the appeal on thefollowing conditions: i
Provisions considered
Key paragraphs
- Para 33. The learned counsel for the petitioner submitted that there was delay in lodging the complaint. Further, no doctor has been examined to prove the offence punishable under Section 323 IPC. PW1 to PW5 are all close relatives and despite the occurrence is said to…
Judgment
CRL MP(MD) NO. 6553 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05-06-2025CORAMTHE HONOURABLE MS JUSTICE R.N.MANJULACRL MP(MD) NO. 6553 of 2025INCRL A(MD) NO. 593 OF 2025 ArjunanPetitioner(s) Vs1.The State of Tamilnadu, Rep. by the Deputy Superintendent of Police, Thiruchuli Sub Division, Narikudi Police Station, Virudhunagar District. Crime No.42 of 20202.ArumugamRespondent(s) For Petitioner(s): Mr.G.MariappanFor Respondent(s): Mr.K.GnanasekaranGovernment Advocate (Criminal Side)ORDERThe Criminal Miscellaneous Petition is filed to suspend the sentence imposed by the learned learned Sessions Judge, Special Court for Trial of SC/ST (PoA) ActCases, Virudhunagar District at Srivilliputtur, dated 12.05.2025, in SC.No.16 of 20201/4 https://www.mhc.tn.gov.in/judis CRL MP(MD) NO. 6553 of 2025till the disposal of appeal.
The learned counsel for the petitioner submitted that the petitioner has been convicted by the learned trial judge, for the alleged offences under Sections 323 IPC,Section 3(2)(va) of SC/ST (PoA) Act and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act and sentenced him to undergo 6 months simple imprisonment and to pay a fine of Rs.500/- in default to undergo 1 month simple imprisonment for the offence under Sections 323 IPC and Section 3(2)(va) of SC/ST(PoA) Act and sentenced him to undergo 1 year simple imprisonment and to pay afine of Rs.10,000/- in default to undergo 1 month simple imprisonment for the offence under Section 4 of the Tamil Nadu Prohibition of Harassment of WomenAct. The sentences were ordered to run concurrently. Set off under Section 428Cr.P.C. is also ordered.
Operative part
The learned counsel for the petitioner submitted that there was delay in lodging the complaint. Further, no doctor has been examined to prove the offence punishable under Section 323 IPC. PW1 to PW5 are all close relatives and despite the occurrence is said to have taken place in the public, no independent witnesses have been examined. He therefore, prays that the sentence be suspended till the disposal of the appeal.2/4 https://www.mhc.tn.gov.in/judis CRL MP(MD) NO. 6553 of 20254. Having regard to the fact that there are arguable points involved in the appeal, the suspension of sentence petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the appeal on the following conditions: i.that the petitioner shall execute a bond for a sum of Rs.25,000/- (RupeesTwenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Sessions Judge, Special Court for Trial of SC/ST(PoA) Act Cases, Virudhunagar District at Srivilliputtur; ii.that the petitioner shall appear before the said Court once in a week, at 10.30a.m. till the disposal of appeal.5. Accordingly, this Criminal Miscellaneous Petition is allowed. sd/- 05/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023. 3/4 https://www.mhc.tn.gov.in/judis CRL MP(MD) NO. 6553 of 2025MBITO1.THE SESSIONS JUDGE, SPECIAL COURT FOR TRIAL OFSC/ST (POA) ACT CASES, VIRUDHUNAGAR DISTRICT ATSRIVILLIPUTTUR.2.THE DEPUTY SUPERINTENDENT OF POLICE,THIRUCHULI SUB DIVISION,NARIKUDI POLICE STATION,VIRUDHUNAGAR DISTRICT.3.THE ADDITIONAL PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.+1 CC to M/s.G.MARIAPPAN, Advocate ( SR-5970[I] dated 05/06/2025 ) ORDER IN CRL MP(MD) No.6553 of 2025 Date :05/06/2025 PR/11.06 .2025 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Having regard to the fact that there are arguable points involved in theappeal, the suspension of sentence petition is allowed and the substantive sentenceof imprisonment alone is suspended pending disposal of the appeal on thefollowing conditions: i
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — s. 323; Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(2)(va); Tamil Nadu Prohibition ofHarassment of Women Act — s. 4.
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.