Madras High Court
Selvendran @ Senthil Selva vs State on 6 October, 2022
Crl.M.P.No.15401 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.10.2022
CORAM:
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
Crl.M.P.No.15401 of 2022
in Crl.A.No.1109 of 2022
Selvendran @ Senthil Selva ... Petitioner
Vs.
State,
The Inspector of Police,
All Women Police Station,
North Police Station,
Tiruppur District. ...
Respondent
PRAYER: Criminal Miscellaneous Petition filed under Section 389(1) of
Cr.P.C., to suspend the sentence imposed in the Judgment in order passed
by the Sessions Judge, Magalir Neethimandran (Fast Track Mahila Court),
Tiruppur, in Spl.S.C.No.44 of 2022, vide his order dated 20.09.2022 and
enlarge the petitioner on bail pending disposal of the above Criminal Appeal
Petition before this Hon'ble Court.
For Petitioner : Mr.Deepan Uday
For Respondent : Mr.R.Murthi,
Government Advocate (Crl. side)
1/7
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.15401 of 2022
ORDER
This Criminal Miscellaneous Petition has been filed seeking
suspension of sentence imposed against the Petitioner in C.C.No.11 of 2021
on the file of the learned Principal District and Sessions Judge,
Perambalur, by judgment dated 30.08.2022, pending disposal of this
Criminal Appeal and release the accused/Petitioner on bail. The
Petitioner/accused has been convicted and sentenced by the trial Court as
follows:
Provision under which Sentence
convicted
Section 326 of IPC The Accused is convicted and
sentenced to undergo Simple
Imprisonment for the period of 2
years and to pay a fine of
Rs.3,000/- in default to undergo
Simple Imprisonment for another 6
months.
2. Heard the learned Counsel for the Petitioner and the learned
Government Advocate (Criminal Side) appearing on behalf of the
respondent.
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.15401 of 2022
3.The learned Sessions Judge, Magalir Neethimandram (Fast
Track Mahila Court), Tiruppur have granted interim suspension of
sentence for the petitioner till 20.10.2022. Now, since this appeal has been
filed, the substantive sentence of imprisonment imposed by the learned
Sessions Judge is suspended with the following conditions:
(a) the Petitioner shall execute a bond for Rs.10,000/- (Rupees
Ten Thousand only) with two sureties, each for a like sum to
the satisfaction of the learned Sessions Judge, Magalir
Neethimandram (Fast Track Mahila Court), Tiruppur
within fifteen days from the date of receipt of a copy of this
order. Further, one of the sureties shall be a blood relative;
(b) the sureties shall affix their photographs and left thumb
impression in the surety bond. The learned Sessions Judge,
Magalir Neethimandram (Fast Track Mahila Court),
Tiruppur, shall obtain a copy of their Identity Card, Aadhar
Card or Voter Identity Card or Driving Licence or PAN Card or
Bank Passbook with Photo affixed and attested by the Bank
Manager as proof of Identity;
(c) the Petitioner shall not abscond during pendency of Appeal;
(d) the Petitioner shall appear on the first working day of every
month before the learned Sessions Judge, Magalir
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.15401 of 2022
Neethimandram (Fast Track Mahila Court), Tiruppur till
the disposal of this Criminal Appeal by this Court; and
(e) the learned Sessions Judge, Magalir Neethimandram (Fast Track
Mahila Court), Tiruppur shall report the presence of the Appellant/Accused
to the High Court.
06.10.2022
(2/2)
jai/nr
To
1.The learned Sessions Judge,
Magalir Neethimandram (Fast Track Mahila Court),
Tiruppur.
2.The Inspector of Police,
All Women Police Station,
North Police Station,
Tiruppur District.
3.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.15401 of 2022
SATHI KUMAR SUKUMARA KURUP,J.
Jai/nr
Crl.M.P.No.15401 of 2022
in Crl.A.No.1109 of 2022
06.10.2022
(2/2)
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.15401 of 2022
Crl.M.P.No.15401 of 2022
in
Crl.A.No.1109 of 2022
SATHI KUMAR SUKUMARA KURUP, J.
This case is posted today under the caption “for being
mentioned” at the instance of the learned Counsel for the Petitioner.
2.The learned Counsel for the Petitioner submitted that in the
order dated 06.10.2022, in the first para instead of Spl.S.C.No.44 of
2022, it has been stated as C.C.No.11 of 2021 and instead of learned
Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court)
Tirupur, it has been stated as Principal District and Sessions Judge,
Perambalur and the date of judgment as 30.08.2022, instead of
20.09.2022. Further, as per the sentence imposed by the Trial Court,
the accused was convicted and sentenced to undergo three years
imprisonment and pay a fine of Rs.5,000/- under Section 7 read with
Section 8 of the POCSO Act, 2012. Instead, in the order, it has been
stated as the accused was convicted and sentenced to undergo simple
imprisonment for a period of two years and to pay a fine of Rs.3000/-
under Section 326 of IPC. Therefore, he requested this Court to
make correction in the said order and issue fresh order copy.
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.15401 of 2022
SATHI KUMAR SUKUMARA
KURUP, J.
aav
3.In the light of the the submission of the learned Counsel for
the Petitioner, Registry is directed to make necessary corrections in
the order dated 06.10.2022 in the paras 1 and 2 and issue fresh order
copy forthwith.
13.10.2022
aav
Crl.M.P.No.15401 of 2022
in
Crl.A.No.1109 of 2022
https://www.mhc.tn.gov.in/judis
