Madras High Court
Sakthivel vs State By The Inspector Of Police on 6 October, 2022
Crl.M.P.No.15417 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.15417 of 2022
in
Crl.A.No.1116 of 2022
Sakthivel ... petitioner/appellant
..Vs..
State by the Inspector of Police,
Gopichettipalayam All Women Police Station,
Erode.
(Crime No.12 of 2020) ... Respondent/Respondent
PRAYER: Criminal Miscellaneous Petition has been filed under Section
389 (1) of Cr.P.C, to suspend the sentence imposed against the petitioner by
the learned Sessions Judge, Mahalir Neethi Mandram (Fast Track Mahila
Court, Erode in Spl.S.C.No.33 of 2021 dated 08.08.2022 and enlarge the
petitioner on bail till the disposal of the C.A.No. of 2022.
For petitioner : Mr.S.Arivazhagan
For Respondent : Mr.R.Murthi
Government Advocate (Crl.side)
1/6
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.15417 of 2022
ORDER
This Petition has been filed against the conviction and sentence
imposed by the learned Sessions Judge, Mahalir Neethi Mandram, (Fast
Track Mahila Court), Erode, in Spl.S.C.No.33 of 2021 by the judgment
dated 08.08.2022 and enlarge the petitioner on bail till the disposal of
C.A.No.of 2022.
2. The petitioner herein is the main accused in Spl.S.C.No.33 of 2021
on the file of the learned Sessions Judge, Mahalir Neethi Mandram (Fast
Track Mahila Court), Erode. He was found guilty of the offences u/s.11(i)
punishable under Section 12 of POCSO Act and sentenced to undergo three
years Rigorous imprisonment and imposed a fine of Rs.1,000/- in default to
pay the fine. The appellant shall undergo one month SI. The trial Judge was
acquitted the appellant under Section 3(1) (w)(ii) of SCST Act. The
appellant has paid the fine amount.
3. The case of the prosecution is that the child victim is 10 years old
girl and she study 5th standard. They belong to scheduled caste. She lives
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.15417 of 2022
with her parents. This accused Sakthivel resides and runs a provision shop
at M.G.R.Nagar opposite to the house of the child victim's grandmother.
The child victim's grandmother Pappathi also run a provision shop near the
house which is opposite to the shop of the accused. On 08.10.2020 at 5.00
p.m., when the child victim was standing near the gate of her grandmother's
house and this accused knowing very well that she belongs to scheduled
caste and intending to commit sexual harassment stood on the staircase, in
front of his house lifted his dhothi moved his belly and showed to her along
with the gesture of kissing her and also called her. The child victim afraid of
the accused went inside the house and informed her grandmother, who in
turn informed the mother of the child victim. The victim's father came home
and the child victim informed him about the sexual harassment of accused.
The father of the child victim had lodged a complaint. The investigating
officer after due investigation had filed the charge sheet against this accused
for commission of offence under Section 11(1), 12 of the Protection of
Children from sexual offences Act, 2012 and under Section 3(1)(w)(ii) of
SC/ST (POA) Act, 1989 as amended by Amendment Act 2015.
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.15417 of 2022
4. The learned counsel for the petitioner would submit that as against
the conviction of the judgment of the learned Sessions Judge, Mahalir
Neethi Mandram, (Fast Track Mahila Court, Erode, the petitioner/appellant
has preferred an appeal before this Court. Earlier, he would also submit that
the petitioner has moved Crl.M.P.No.850 of 2022 before the trial Court and
by order dated 08.08.2022, he was granted order of suspension of sentence
for a period of one month which had expired and hence, the present petition
has been filed by the petitioner. The learned counsel would also submit that
he has fair opportunity to succeed in the appeal and he seeks the suspension
of sentence, pending disposal of the appeal.
5. The learned Government Advocate (Crl.Side) has raised objections
for suspending the sentence.
6. Taking into consideration the submissions made by the learned
counsel and also considering that there are arguable points available in the
appeal, I am inclined to suspend the substantive sentence of imprisonment
alone subject to the following conditions that:-
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Crl.M.P.No.15417 of 2022
(a) the Petitioner shall execute a bond for a sum of Rs.10,000/-
(Rupees Ten Thousand Only) with two sureties, each for a like
sum to the satisfaction of the learned Sessions Judge, Mahalir
Neethi Mandram (Fast Track Mahila Court), Erode, 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,
Mahalir Neethi Mandram (Fast Track Mahila Court),
Erode, 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 before the learned Sessions
Judge, Mahalir Neethi Mandram (Fast Track Mahila
Court), Erode on the first working day of every English
Calendar month at 10.30 a.m., till the disposal of this Criminal
Appeal by this Court; and
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Crl.M.P.No.15417 of 2022
SATHI KUMAR SUKUMARA KURUP., J.
gbi
(e) the learned Sessions Judge, Mahalir Neethi Mandram
(Fast Track Mahila Court), Erode shall report the presence
of the Appellant/Accused to the High Court.
06.10.2022
gbi/ata (2/2)
To
1.The Sessions Judge,
Mahalir Neethi Mandram (Fast Track Mahila Court),
Erode.
2.The Inspector of Police,
Gopichettipalayam All Women Police Station,
Erode.
3.The Government Advocate,
High Court, Madras.
Crl.M.P.No.15417 of 2022
in Crl.A.No.1116 of 2022
https://www.mhc.tn.gov.in/judis
