Allowed

Karthick @ Gayathiri v. State Rep.by

Madras HC13 Dec 2024CRL MP/12710/2024

Case brief

AI extract

What is this about?

This High Court allowed a criminal miscellaneous petition to suspend the sentence of imprisonment awarded in a POCSO and IPC case. The court found an arguable point regarding the absence of aggravated penetrative sexual assault and granted bail pending appeal.

What did the court decide?

Sentence of imprisonment suspended; petitioners enlarged on bail subject to bond, sureties, and monthly appearance.

Karthick @ Gayathiri Vs State Rep.by — Pension and Retirement Benefits | Madras HC (2024)

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Crl.MP.No.12710 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 13.12.2024

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CORAM

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THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN

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Crl.MP.No.12710 of 2024 in Crl.A.No.1137 of 2024

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1.Karthick @ Gayathiri 2.Satheesh @ Mullai

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...Petitioners

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Versus

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State rep. by its Inspector of Police, Magudanchavadi Police Station, Salem District, Crime No.210 of 2022.

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...Respondent

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Prayer:- Criminal Miscellaneous Petition filed under Section 430 (1) of BNSS to suspend the sentence passed in Spl.S.C.No.265 of 2022, vide judgment dated 22.02.2024, on the file of the learned Session Judge, Principal POCSO Court, Salem and enlarge the petitioners on bail pending disposal of the above criminal appeal.

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For Petitioners : Mr.S.T.Raja for M/s.G.S.Dhanalakshmi For Respondent : Mr.S.Raja Kumar Additional Public Prosecutor

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

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Crl.MP.No.12710 of 2024

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ORDER

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[Order of the Court was made by S.M.SUBRAMANIAM, J] This criminal miscellaneous petition has been filed seeking to suspend

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the sentence of imprisonment imposed in the judgment dated 22.02.2024, passed in Spl.S.C.No.265 of 2022, on the file of the Session Judge, Principal POCSO Court, Salem and enlarge the petitioners on bail pending disposal of the above criminal appeal before this Court.

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2.The petitioners/appellants in the above case were convicted and sentenced to undergo five years of rigorous imprisonment and to pay a fine of Rs.1,000/-, in default to pay the fine amount, to undergo rigorous imprisonment for one year under Section 366 IPC and to undergo rigorous life sentence and to pay a fine of Rs.1,000/- for each of the offences under Section 5 (1) r/w Section 6 and Section 5 (g) r/w Section 6 of the POCSO Act, 2012 and in default to pay the fine amount, to undergo rigorous imprisonment for one year for each of the offences under Section 5 (1) r/w Section 6 and Section 5 (g) r/w Section 6 of the POCSO Act, 2012.

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

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Crl.MP.No.12710 of 2024

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3.Aggrieved against the judgment of conviction and sentence imposed

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on the petitioners/appellants by the Trial Court, in Spl.S.C.No.265 of 2022, the petitioners/appellants have filed the present criminal appeal along with the instant miscellaneous petition seeking suspension of sentence and bail.

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4.Heard the learned counsel for the petitioners and the learned

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Additional Public Prosecutor appearing for the respondent and perused the impugned judgment and the materials on record.

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5.We have gone through the evidence of the minor victim boy PW2.

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PW9 & PW10 are Doctors' evidence. Admittedly, medical records of the victim boy was not submitted by the prosecution. Perusal of the Doctors' evidence would reveal that there is no aggravated penetrative sexual assault. Since there is arguable point on the side of the petitioners, we are inclined to consider the present petition and suspend the sentence imposed on the petitioners.

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

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Crl.MP.No.12710 of 2024

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Accordingly, this criminal miscellaneous petition stands allowed

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and the sentence of imprisonment is suspended and the sentence imposed on the petitioners is suspended on the following conditions:

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(i)The petitioners shall execute a bond for a sum of Rs.25,000/-, each with two independent sureties, each for a like sum to the satisfaction of the learned Sessions Judge, Principal POCSO Court, Salem.

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(ii)The petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank pass Book and mobile numbers to ensure their identity; and

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(iii)The petitioners shall appear before the trial Court on the first working day of every month at 10.30 a.m. until the disposal of the appeal.

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[S.M.S., J.] [M.J.R., J.]

13.12.2024

sli To

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

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Crl.MP.No.12710 of 2024

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1.The Sessions Judge, Principal POCSO Court, Salem.

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2.The Inspector of Police, Magudanchavadi Police Station, Salem District, Crime No.210 of 2022.

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3.The Superintendent, Central Prison for women, Coimbatore.

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4.The Public Prosecutor, Madras High Court, Chennai – 600 104.

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

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Crl.MP.No.12710 of 2024

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S.M.SUBRAMANIAM, J. AND M.JOTHIRAMAN, J.

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sli

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Crl.MP.No.12710 of 2024 in Crl.A.No.1137 of 2024

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13.12.2024

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

Karthick @ Gayathiri v. State Rep.by

Case brief

What is this about?

What did the court decide?

Karthick @ Gayathiri v. State Rep.by

Case brief

What is this about?

What did the court decide?

What the court decided

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