Madras High Court
Muniyappan vs The State Rep. By on 23 June, 2022
Crl.M.P.No.1446 of 2022 and Crl.A.No.110 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.06.2022
CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Crl.M.P.No.1446 of 2022
and
Crl.A.No.110 of 2022
Muniyappan .. Petitioner
Vs
The State rep. by
The Inspector of Police
W-18, All Women Police Station
M.K.B.Nagar, Chennai - 600 039. .. Respondent
Prayer: Criminal Miscellaneous Petition filed under Section 389(1) r/w
Section 439 of the Code of Criminal Procedure to suspend the sentence of
imprisonment imposed by learned Trial judge by its judgment dated
16.12.2021 in SPL.SC.No.17 of 2020 on the file of the Sessions Judge,
Special court for Exclusive Trial of Cases under the POCSO Act, at
Chennai.
For the Petitioner : Mr.J.P.Ravivarman
For the Respondent : Mr.S.Vinoth Kumar
Government Advocate (Crl. Side)
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Crl.M.P.No.1446 of 2022 and Crl.A.No.110 of 2022
ORDER
Learned counsel for the petitioner submits that even pending trial,
since the petitioner did not appear for hearing, a non-bailable warrant was
issued and he has surrendered before the Trial court and is in prison from
25.09.2021. After the judgment, he continued to be in incarceration.
Learned counsel taking this Court through the judgment of the Trial Court
and evidences on record would submit that prima facie, there is no
evidence of having intercourse and it is clear that even the victim girl's
mother was with them all through and therefore, the conviction of the
petitioner is erroneous and the petitioner has got more than a prima facie
case.
2. Per contra, learned Government Advocate (Crl. Side) would
submit that when the petitioner eloped with the victim child, he was a
married man and on top of it, he went away with the minor child and the
prosecution has duly proved the offence and the Trial Court has rightly
convicted the appellant.
3. It is also brought to the notice of the Court that subsequently, the
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.1446 of 2022 and Crl.A.No.110 of 2022
appellant is married for the third time and the victim child is also since
married to a different person. Now, considering the submissions made on
behalf of the learned counsel for the appellant, and the grounds raised in
the appeal for the purpose of prima facie case, I am of the view that this is
a fit case for grant of suspension of sentence, pending appeal and I am also
of the view considering the fact that the Trial Court had not ordered any
compensation to the victim, and considering the fact that the appellant is
also married for the third time, it is a fit case where a condition should be
imposed to deposit an amount, pending disposal of the appeal. Therefore, I
am inclined to suspend the sentence and grant bail to the appellant on the
following conditions:-
(a) the petitioner is ordered to be released on bail, on his executing a
bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with
two sureties each for a like sum to the satisfaction of the Special Court for
Exclusive Trial of Cases under the POCSO Act, Chennai;
(b) the petitioner and the sureties shall affix their photographs and
left thumb impressions in the surety bonds and the learned Magistrate may
obtain a copy of their Aadhar Cards or Bank Pass books to ensure their
identities;
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.1446 of 2022 and Crl.A.No.110 of 2022
(c) the petitioner shall appear before the Trial Court on the first
working day of every English Calendar Month at 10.30 A.M until the
disposal of the Criminal Appeal and if he is not able to appear before the
Trial Court on any day, he shall make arrangements to file an application
under Section 317 of Cr.P.C., and shall appear before the Trial Court on
any other day in lieu of the date of his absence, as directed by the Trial
Court.
(d) the petitioner shall also deposit a sum of Rs.75,000/- to the credit
of SPL.S.C.No.17 of 2020, on the file of the learned Sessions Judge,
Special court for Exclusive Trial of Cases under the POCSO Act, Chennai.
Index : yes/no 23.06.2022
Speaking order/Non-speaking order
drm
To
1. The Sessions Judge
Special Court for exclusive trial of cases under POCSO Act
Chennai.
2. The Public Prosecutor, High Court of Madras.
3. The Superintendent of Prison, Central Puzhal Prison, Puzhal.
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Crl.M.P.No.1446 of 2022 and Crl.A.No.110 of 2022
D.BHARATHA CHAKRAVARTHY. J.,
drm
Crl.M.P.No.1446 of 2022 and
Crl.A.No.110 of 2022
23.06.2022
https://www.mhc.tn.gov.in/judis
