Allowed

Rajesh v. the Inspector of Police

Madras HC18 May 2023CRL MP/6912/2023

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition under Section 389(1) CrPC, the Madras High Court suspended the appellant's sentence and granted bail pending the disposal of his criminal appeal. Despite convictions for POCSO and child marriage offences, the court granted bail subject to the execution of a bond and monthly reporting.

What did the court decide?

Suspension of sentence and bail granted pending disposal of Criminal Appeal, subject to bond execution and monthly appearance at Trial Court.

Rajesh Vs the Inspector of Police — Child Sexual Offences (POCSO) | Madras HC (2023)

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Crl.M.P.No.6912 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 18.05.2023

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CORAM

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THE HON'BLE MR. JUSTICE A.A.NAKKIRAN

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Crl.M.P.No.6912 of 2023 in Crl.A.No.553 of 2023

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Rajesh

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... Petitioner/Appellant

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Vs.

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State by Inspector of Police, All Woman Police Station-Avinashi, Tiruppur District. (Crime No.2 of 2021)

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... Respondent

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Criminal Miscellaneous Petition filed under Section 389(1) of Cr.P.C., pleased to suspend the sentence of imprisonment imposed by the Judgment dated 26.04.2022 made in Spl.S.C.No.25 of 2021 on the file of the Mahila Court (Sessions Judge full in-charge) of Tiruppur and enlarge the petitioner on bail pending the disposal of the above Criminal Appeal.

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For Petitioner : Mr.N.S.Sivakumar

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For Respondent : Mr.S.Vinoth Kumar Government Advocate (Criminal Side)

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https://www.mhc.tn.gov.in/judis

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ORDER

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Crl.M.P.No.6912 of 2023

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This Criminal Miscellaneous Petition has been filed by the

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petitioner/appellant, seeking suspension of sentence, imposed by the learned Sessions Judge (full in-charge), Mahila Court, Tiruppur, vide judgment in Spl.S.C.No.25 of 2021 dated 26.04.2022.

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The conviction and sentence imposed against the

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petitioner/appellant is as follows:-

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*Under Section*		*Sen*	*tence*
5(1) read with Section 6 of the POCSO Act, 2012	twenty yea with a fine undergo imprisonm	rs of ri of Rs. one ent.	gorous imp 10,000/- in year	risonment default to rigorous
7 read with Section 8 of the POCSO Act, 2012	five years with a fine undergo imprisonm	of rig of Rs six ent.	orous imp .5,000/- in months	risonment default to rigorous
366 of IPC	ten years with a fine undergo imprisonm	of rig of Rs. six ent.	orous imp 10,000/- in months	risonment default to rigorous
9 of the Prohibition of Child Marriage Act, 2006	two years with a fine undergo imprisonm	of rig of Rs three ent.	orous imp .5,000/- in months	risonment default to rigorous

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https://www.mhc.tn.gov.in/judis

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2/6

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Crl.M.P.No.6912 of 2023

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According to the learned counsel for the petitioner/appellant,

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there are arguable points available in the Criminal Appeal, which is not likely to be taken for final hearing in the near future and the petitioner/appellant has got a fair chance of succeeding in the Criminal Appeal and hence, the sentence imposed against the petitioner/appellant may be suspended and the petitioner/appellant may be enlarged with bail.

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Learned Government Advocate (Criminal Side) appearing for

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the respondent submitted that the prosecution has proved the case beyond reasonable doubts and the trial Court on finding the petitioner/appellant guilty, convicted him as stated above. Therefore, he vehemently opposed for grant of suspension of sentence.

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Heard the learned counsel for the petitioner/appellant and

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Government Advocate (Criminal Side) appearing for the respondent and

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perused the materials on record.

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Crl.M.P.No.6912 of 2023

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Considering the facts and circumstances of the case and also

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considering the submissions of the learned counsel for the petitioner/appellant, this Court is of the view that the sentence of imprisonment can be suspended on certain conditions. Accordingly, till the disposal of the Criminal Appeal, suspension of sentence and bail are granted, on the following conditions :-

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i. The petitioner/appellant shall execute bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only), with two sureties, each for a like sum to the satisfaction of the learned Sessions Judge (full in-charge), Mahila Court, Tiruppur.

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ii. The petitioner/appellant shall appear before the Trial Court once in a month i.e., first working day of every English Calendar month at 10.30 a.m., until further orders.

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The Criminal Miscellaneous Petition is ordered accordingly.

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18.05.2023

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arb/Jeni

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https://www.mhc.tn.gov.in/judis

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Crl.M.P.No.6912 of 2023

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The learned Sessions Judge (full in-charge), Mahila Court, Tiruppur.

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The Inspector of Police, All Woman Police Station, Avinashi, Tiruppur District.

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The Public Prosecutor, High Court of Madras.

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https://www.mhc.tn.gov.in/judis

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5/6

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Crl.M.P.No.6912 of 2023

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A.A.NAKKIRAN, J.

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arb/Jeni

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Crl.M.P.No.6912 of 2023

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in Crl.A.No.553 of 2023

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18.05.2023 (2/2)

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https://www.mhc.tn.gov.in/judis 6/6

Rajesh v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Rajesh v. the Inspector of Police

Case brief

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