Madras High Court
Sridevi vs State Through Its on 15 June, 2021
Crl.M.P.No.3911 of 2021
in Crl.A.No.140 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.06.2021
CORAM
THE HONOURABLE MR. JUSTICE P.N.PRAKASH
AND
THE HONOURABLE MR. JUSTICE R.PONGIAPPAN
Crl.M.P.No.3911 of 2021
in
Crl.A.No.140 of 2021
Sridevi .. Petitioner/A2
Vs.
State through its
Inspector of Police,
AWPS, Perur,
Coimbatore City.
(Crime No.16 of 2018) .. Respondent/Respondent
Criminal Miscellaneous Petition filed under Section 389 (1) Cr.P.C.
Read with Section 439 Cr.P.C., to suspend the sentence imposed on the
petitioner by judgment and order dated 23.11.2020 passed in S.C.No.34 of
2019 on the file of the learned Sessions Judge, Special Court for Exclusive
Trial of Cases under POCSO Act, Coimbatore and to enlarge the petitioner
on bail pending disposal of the appeal.
For Petitioner : Mrs.S.Sumathy
For Respondent : Mr.R.Muniyapparaj
Government Advocate (Crl.Side)
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Crl.M.P.No.3911 of 2021
in Crl.A.No.140 of 2021
ORDER
(Order of the Court was made by R.PONGIAPPAN, J.)
This criminal miscellaneous petition has been preferred by Accused
No.2, seeking to suspend the sentence imposed on her, by judgment and
order dated 23.11.2020 passed in S.C.No.34 of 2019 on the file of the learned
Sessions Judge, Special Court for Exclusive Trial of Cases under the POCSO
Act, Coimbatore and to enlarge her on bail pending disposal of the appeal.
2. The case of the prosecution is that the petitioner herein, is the
mother of the victim girl. The 1st Accused viz., Subramaniam, is the
paramour of the petitioner. On 20.06.2017, at about 3.00 hrs, when the
petitioner was in her house along with the victim girl at R11, A104 at Garden
City Developers Apartment, Nagarajapuram, Vedapatti, Coimbatore,
Accused No.1, knocked the door and on hearing the knocking sound, the
petitioner herein opened the door and thereafter, went to sleep. By using the
said situation, Accused No.1 in this case, closed the mouth of the victim girl,
removed her dresses and pressed her chest and penetrated her vagina by his
fingers and insisted her to come to bed and in case of failure, he threatened
her that he would kidnap her and throw acid on her face. After three days, he
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Crl.M.P.No.3911 of 2021
in Crl.A.No.140 of 2021
did the same sexual assault on the victim girl. Till August 2017, the victim
girl was sexually assaulted by Accused No.1, for so many times.
3. For the said offence, initially, a case has been registered against
Accused No.1 alone in Crime No.16 of 2018 under Sections 5(1) and 6 of
the POCSO Act, 2012 r/w Section 506 (i) of IPC. Thereafter, during
investigation, the investigation officer, came to the conclusion that the
petitioner is also involved in the said offence and after conclusion of
investigation, filed charge sheet against this petitioner under Sections 17 and
21(1) of the POCSO Act, 2012.
4. Ultimately, the trial was concluded and the petitioner/Accused
No.2, was convicted under Section 17 of the POCSO Act, 2012 and
sentenced to undergo imprisonment for life and to pay a sum of Rs.5,000/- as
fine, in default to undergo one year rigorous imprisonment. Further, she is
also found guilty of the offence under Section 21(1) of the POCSO Act,
2012 and sentenced to undergo six months rigorous imprisonment and to pay
a sum of Rs.1,000/- as fine, in default to undergo one month rigorous
imprisonment.
https://www.mhc.tn.gov.in/judis/
Crl.M.P.No.3911 of 2021
in Crl.A.No.140 of 2021
5. Challenging the above conviction and sentence, the
petitioner/Accused No.2, has filed Crl.A.No.140 of 2021 along with the
instant miscellaneous petition seeking suspension of sentence and bail.
6. Heard Mrs.S.Sumathy, learned counsel for the petitioner and
Mr.R.Muniyapparaj, learned Government Advocate (Crl.Side) appearing for
the respondent/State.
7. Mrs.S.Sumathy, learned counsel for the petitioner/Accused No.2
would contend that there was an enormous delay in lodging the complaint
before the police officials. She would further contend that the petitioner is a
chronic epilepsy patient, who is suffering without proper medicine in prison.
Further being the mother, it cannot be said that the petitioner has also
committed the offence, as alleged by the prosecution.
8. Per contra, Mr.R.Muniyapparaj, learned Government Advocate
(Crl.Side), appearing on behalf of the respondent would submit that the
witnesses examined on the side of the prosecution had clearly proved the
case of the prosecution, beyond reasonable doubt.
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Crl.M.P.No.3911 of 2021
in Crl.A.No.140 of 2021
9. The submissions made by the learned counsel appearing on
either side are considered. It is true that the complaint pertaining to the case
has been lodged with considerable delay and hence, a detailed appraisal is
necessary in this regard. Further, it is also highly doubtful that the petitioner,
being the mother, had involved in this offence, as alleged by the prosecution.
Hence, the same also requires detailed appraisal. Moreover, the petitioner
has been under incarceration from 23.11.2020 onwards. Further, the
sentence imposed upon the prime accused/Accused No.1, had already been
suspended by this Court vide order dated 17.03.2021 in Crl.M.P.No.8253 of
2020 in Crl.No.516 of 2020 and also the present appeal is not likely to be
taken up in the near future. In such a view of the matter, this Court is of the
view that the petitioner/Accused No.2, is entitled to the relief of suspension
of sentence and bail.
10. Accordingly, the relief of suspension of sentence and bail is
granted to the petitioner on the following conditions:
(a) Considering the COVID-19 pandemic and lockdown
restrictions, initially, the petitioner shall execute her own bond
for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only)
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Crl.M.P.No.3911 of 2021
in Crl.A.No.140 of 2021
before the Superintendent of the Central Prison, Coimbatore, in
which the petitioner is confined and on such execution of the
bond, the petitioner shall be released from prison;
(b) After the lockdown restrictions are lifted and normalcy is
restored, the petitioner shall execute a bond for a sum of
Rs.25,000/- (Rupees Twenty Five Thousand only) with two
sureties, of whom, one should be a blood relative, each for a like
sum to the satisfaction of the learned Sessions Judge, Special
Court for Exclusive Trial of Cases under POCSO Act,
Coimbatore, failing which, the suspension of sentence and bail
granted by this Court shall stand automatically dismissed. The
bond shall be executed within a reasonable period of one month
from the date the lockdown restrictions are lifted.
(c) If for any reason, the petitioner is not able to execute the
bond within the specified time, the petitioner shall approach this
Court and file a petition seeking extension of time for the same.
(d) While executing the bond, the sureties shall furnish proof of
identity and the sureties shall affix their photographs and left
thumb impression in the surety bond and the trial Court shall
obtain a copy of their Aadhar card or Voter ID or Driving
license or Bank pass Book to ensure their identity.
(e) After the execution of the bond before the learned Sessions
Judge, Special Court for Exclusive Trial of Cases under POCSO
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Crl.M.P.No.3911 of 2021
in Crl.A.No.140 of 2021
Act, Coimbatore, the petitioner shall appear before the
respondent/police everyday at 10.30 a.m. for a period of four
weeks and thereafter, the petitioner shall appear before the trial
Court on the first working day of every month at 10.30a.m. until
the disposal of the appeal and if she is not able to appear before
the trial Court on any day, she shall make arrangements to file
an application under Section 317 Cr.P.C. and shall appear
before the trial Court on any other day in lieu of the date of her
absence, as directed by the trial Court.
(P.N.P.,J.) (R.P.A.,J.)
15.06.2021
Note to office:
Issue order copy today.
ars
To
1. The Sessions Judge,
Special Court for Exclusive Trial of Cases
under POCSO Act,
Coimbatore.
2. The Superintendent of Prison,
Central Prison, Coimbatore.
3. The Inspector of Police,
AWPS, Perur,
Coimbatore City.
4. The Public Prosecutor,
Madras High Court, Chennai – 600 104.
https://www.mhc.tn.gov.in/judis/
Crl.M.P.No.3911 of 2021
in Crl.A.No.140 of 2021
P.N.PRAKASH, J.
and
R.PONGIAPPAN, J.
ars
Crl.M.P.No.3911 of 2021
in Crl.A.No.140 of 2021
15.06.2021
https://www.mhc.tn.gov.in/judis/
