High Court · 2025

CRL MP(MD) No.12043 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09-09-2025CORAMTHE HONOURABLE MR JUSTICE K.MURALI SHANKARCRL MP(MD) No.12043 of 2025in CRL A(MD) No.955 of 2025M.Sutha Appellant/Sole AccusedVs1.The State Tamilnadu rep by its The Deputy Superintendent of Police, Aundipatti Sub Division, Rajathani Police Station, Theni District. (Crime No.49 of 2016)1st Respondent/Complainant2.Vasanthakumar2nd Respondent/Defacto ComplainantPrayer in CRL MP(MD).12043 of 2025 : This Criminal Miscellaneous Petition filedunder Section 430(1) B.N.S.S. praying to suspend the sentence imposed against thepetitioner in Special Court for Trial of cases under SC/ST (POA) Act, Theni inSpl.S.C.No.80 of 2020 dated 13.08.2025 and enlarge them on bail pending disposal ofabove criminal appeal. 1/7 https://www.mhc.tn.gov.in/judis CRL MP(MD) No.12043 of 2025Prayer in CRL A(MD).955 of 2025 : This Criminal Appeal filed under Section 415(2)B.N.S.S. praying to call for the records relating to the judgment in Spl.S.C.No.80 of2020 dated 13.08.2025 on the file of the Special Court for Trial of Cases under SC/ST(POA) Act, Theni and set aside the same and allow this criminal appeal. For Petitioner: Mr.C.SusikumarFor Respondents: Mr.K.Gnana Sekaran, Government Advocate (Criminal Side) for R1ORDERThis Criminal Miscellaneous Petition has been filed to suspend the sentence ofimprisonment imposed on the petitioner/sole accused by the learned Sessions Judge,Special Court for Trial of cases under SC/ST (POA) Act, Theni, in Spl.S.C.No.80 of2020 dated 13.08.2025, till the disposal of the appeal.2. The case of the prosecution is that there existed some dispute between theJuvenile Santhanamurugan, who is the petitioner's son, and the second respondent/defacto complainant and that on 11.03.2016 at about 07.40 a.m., there arose somequarrel between the petitioner's son and the second respondent and the petitioner'sson had abused the second respondent in filthy language and at that time, on seeingthe same, the petitioner had caught hold the shirt of the second respondent and2/7 https://www.mhc.tn.gov.in/judis CRL MP(MD) No.12043 of 2025assaulted him by using chappal and hence, FIR came to be registered in Crime No.49of 2016 for the offences under Section 355 IPC r/w Section 3(l)(r) of SC/ST (POA)Amendment Ordinance 2015 against the petitioner and her son. 3. The first respondent police, after completing the investigation, has filed afinal report against the petitioner and the case was taken on file in Spl.S.C.No.33 of2017 on the file of the Principal District and Sessions Court, Theni and subsequently,the same was made over to the Special Court for Trial of Cases under SC/ST (POA)Act, Theni in Spl.S.C.No.80 of 2020 and separate charge sheet was filed against thejuvenile. 4. During trial, the prosecution examined 12 witnesses as P.W.1 to P.W.12 andexhibited 6 documents as Ex.P.1 to Ex.P.6. The accused adduced neither oral nordocumentary evidence.5. The learned trial Judge, upon considering the evidence both oral anddocumentary and on hearing the arguments of both the sides, passed the impugnedjudgment dated 13.08.2025 convicting the petitioner. The petitioner has been foundguilty and convicted for the offence under Section 355 IPC and sentenced her to3/7 https://www.mhc.tn.gov.in/judis CRL MP(MD) No.12043 of 2025undergo simple imprisonment for six months and to pay a fine of Rs.2,000/-, indefault to undergo simple imprisonment for a further period of one month. The TrialCourt has already suspended the sentence imposed on the petitioner till 09.09.2025.Challenging the above said conviction and sentence, the accused has preferred thepresent Criminal Appeal along with the above miscellaneous petition for suspensionof sentence.6. The learned counsel appearing for the petitioner would submit that there areseveral infirmities in the prosecution case and further there are contradictions inmaterial particulars between the evidence of the prosecution witnesses. He wouldfurther submit that the petitioner has already paid the fine amount.7. The learned Government Advocate (Criminal Side) appearing for the firstrespondent police would submit that there are enough materials available on recordagainst the petitioner and hence, he strongly opposed to grant suspension ofsentence.8. This Court has carefully considered the rival contentions putforth by eitherside and also perused the materials available on record.4/7 https://www.mhc.tn.gov.in/judis CRL MP(MD) No.12043 of 20259. The learned counsel appearing for the petitioner would point out certaininfirmities and inconsistencies in this case and also certain contradictions in materialparticulars. The fact remains that there are arguable points involved in this criminalappeal and further the criminal appeal is not likely to be taken up for final hearing inthe near future and as such, this Court is of the considered view that the petitionerherein is entitled to the relief of grant of suspension of sentence.10. In the result, the Criminal Miscellaneous Petition is ordered. Accordingly,the relief of suspension of sentence is granted to the petitioner on the followingconditions:-(i) The petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with two sureties, each for a likesum to the satisfaction of the Special Court for Trial of Cases underSC/ST (POA) Act, Theni;(ii) The sureties shall affix their photographs and Left ThumbImpression in the surety bond and the trial Court may obtain a copy oftheir Aadhar card or Bank Pass Book to ensure their identity; and(iii) The petitioner shall appear before the trial Court once in a5/7 https://www.mhc.tn.gov.in/judis CRL MP(MD) No.12043 of 2025month i.e., on the first working day of every English calendar month at10.30 a.m., until further orders and if she is not able to appear beforethe trial Court on any day, she shall make arrangements to file anapplication under Section 355 B.N.S.S. and shall appear before the trialCourt on any other day in lieu of the date of her absence, as directed bythe trial Court. sd/- 09/09/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. CSMTo1.The Sessions Judge, Special Court for Trial of Cases under SC/ST (POA) Act, Theni.2.The Deputy Superintendent of Police, Aundipatti Sub Division, Rajathani Police Station, Theni District.3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.6/7 https://www.mhc.tn.gov.in/judis CRL MP(MD) No.12043 of 2025+1 CC to M/s.C.SUSI KUMAR, Advocate ( SR-9842[I] dated 10/09/2025 ) ORDER IN CRL MP(MD) No.12043 of 2025 IN CRL A(MD) No.955 of 2025 Date :09/09/2025 AS/12.09.2025/7P/5CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 7/7