Petitioner convicted of kidnapping, child marriage, and sexual abuse under IPC and POCSO sought suspension of sentence and bail under Section 389 Cr.P.C. while appeal pending. Court granted bail subject to strict reporting conditions.
Relief of suspension of sentence and bail granted subject to execution of bond with sureties and reporting requirements.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.M.P.No.18685 of 2019 in Crl.A.No.886 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.02.2021
CORAM
THE HON'BLE MR. JUSTICE P.N.PRAKASH AND
THE HON'BLE MR. JUSTICE V.SIVAGNANAM
Crl.M.P.No.18685 of 2019
in Crl.A.No.886 of 2019
P.Saravanan .. Petitioner/Accused
Vs.
State represented by
The Inspector of Police,
All Women Police Station,
Gobichettipalayam,
Erode District.
(Kavundapadi P.S.Crime No.216/2016) .. Respondent/Complainant
Criminal Miscellaneous Petition filed under Section 389(1) Cr.P.C. to suspend the sentence imposed on the petitioner by judgment and order dated 09.06.2017 passed in Special S.C.No.6 of 2017 on the file of the Additional Sessions Court, Magalir Neethi Mandram, (Fast Track Mahila Court, Erode and to enlarge the petitioner on bail till the disposal of the appeal.
For Petitioner : Mr.S.Parthasarathy For Respondent : Mr.K.Prabhakar Additional Public Prosecutor
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Crl.M.P.No.18685 of 2019 in Crl.A.No.886 of 2019
O R D E R
(Order of the Court was made by V.SIVAGNANAM, J. )
This criminal miscellaneous petition has been preferred seeking to suspend the sentence imposed on the petitioner by judgment and order dated 09.06.2017 passed in Special S.C.No.6 of 2017 on the file of the Additional Sessions Court, Magalir Neethi Mandram, (Fast Track Mahila Court, Erode
and to enlarge the petitioner on bail till the disposal of the appeal.
before the Additional Sessions Court, Magalir Neethi Mandram, (Fast Track
Mahila Court, Erode, was convicted and sentenced as follows:
S.No. Provision under which Sentence
convicted
1 Section 366 IPC Ten years rigorous imprisonment and
fine of Rs.2,000/-, in default to undergo
six months simple imprisonment.
2 Section 9 of the Prohibition Two years rigorous imprisonment and
of Child Marriage Act, fine of Rs.1,000/-, in default to undergo
2006 three months simple imprisonment.
3 Section 6 of the Protection Life imprisonment and fine of
of Children from Sexual Rs.2,000/-, in default to undergo six
Offences Act, 2012 months simple imprisonment.
The aforesaid sentences were ordered to run concurrently.
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Crl.M.P.No.18685 of 2019 in Crl.A.No.886 of 2019
has filed Crl.A.No.886 of 2019 along with the instant miscellaneous petition seeking suspension of sentence and bail.
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Crl.M.P.No.18685 of 2019 in Crl.A.No.886 of 2019
granted to the petitioner on the following conditions:
nsd
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Crl.M.P.No.18685 of 2019 in Crl.A.No.886 of 2019
To
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Crl.M.P.No.18685 of 2019 in Crl.A.No.886 of 2019
P.N.PRAKASH, J.
and
V.SIVAGNANAM, J.
nsd
Crl.M.P.No.18685 of 2019
in Crl.A.No.886 of 2019
11.02.2021
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2 issues framed by the court
Whether the petitioner is entitled to suspension of sentence and bail pending appeal.
What conditions must be imposed for the grant of bail.
2 provisions across 1 enactments
P.Saravanan
State represented by The Inspector of Police
P.N.PRAKASH
V.SIVAGNANAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
