Madras High Court
Karuna @ Karunagaran vs State By The Deputy ... on 21 April, 2023
Crl.M.P.No.3195 of 2023 in Crl.A.No.224 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.04.2023
CORAM
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
Crl.M.P.No.3195 of 2023
in
Crl.A.No.224 of 2023
Karuna @ Karunagaran ... Petitioner
/vs/
1. State by the Deputy Superintendent of Police,
Vaiyambodi Sub Division, All Women Police Station,
Vaniyambodi, Thirupatthur District. [Vellore District]
2. Rajeshwari ... Respondents
Prayer : Criminal Miscellaneous Petition filed under section 389(1) r/w.439
of Cr.P.C., to suspend the sentence imposed against the petitioner in Spl.
S.C.No.14 of 2016 on the file of the Fast Track Magalir Neethimandram,
[Sessions Court], Vellore, Vellore District dated 18.07.2018 and enlarge the
petitioner on bail pending disposal of the Crl.A.No.224 of 2023.
For Petitioner ... Mr. E.Kannadasan
For Respondents ... Mr.R.Vinothraja, GA (crl.side) – R1
R2 – No appearance
1/6
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.3195 of 2023 in Crl.A.No.224 of 2023
ORDER
This Criminal Miscellaneous Petition has been preferred seeking to
suspend the sentence of imprisonment imposed in the judgment dated
18.07.2018 made in Spl.S.C.No.14 of 2016 on the file of the Fast Track
Magalir Neethimandram, [Sessions Court], Vellore, Vellore District and
enlarge the petitioner on bail, pending disposal of the above Criminal Appeal.
2. The petitioner is the sole accused in Spl.S.C.No.14 of 2016 on the
file of the Fast Track Magalir Neethimandram, [Sessions Court], Vellore,
Vellore District. The respondent police prosecuted the petitioner/accused for
the offences under sections 366, 376 [2] [i] of IPC and Section 6 read with 5
[m] of POCSO Act and sections 3 [1] [W] [i], 3 [2] [v] of SC/ST [POA] and
the trial Court after trial, by its judgment dated 18.07.2018, convicted and
sentenced the petitioner as follows :
Petitioner Provision under Sentence
's Rank which convicted
Sole U/s.366 IPC To undergo 7 years RI and a fine of
accused Rs.1,000/-, in default in payment of fine, to
undergo RI for one month.
U/s.6 r/w. 5 [m] To undergo 10 years RI and to pay a fine of
of POCSO Act, Rs.2000/-, in default in payment of fine, to
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.3195 of 2023 in Crl.A.No.224 of 2023
Petitioner Provision under Sentence
's Rank which convicted
2012 undergo two months RI
The sentence of imprisonments imposed on the petitioner were ordered to
run concurrently
As the petitioner was convicted and sentenced under section 6 read with
5[m] of POCSO Act, he was not sentenced separately under section 376 [2]
[i] of IPC.
The petitioner was not found guilty under section 3 [1] [W] [i], 3[2] [v] of
SC/ST [POA] Act.
3. Aggrieved over the judgment of conviction and sentence imposed on
the petitioner in Spl.S.C.No.14 of 2016, the petitioner has filed the present
criminal appeal, along with the instant miscellaneous petition, seeking
suspension of sentence and bail.
4. The learned counsel for the petitioner submitted that the victim girl
in her 164 Cr.P.C. statement has not stated that the petitioner/accused had
committed sexual assault and she has only stated that the accused attempted
to commit such an offence. He further stated that the Doctor, P.W.10 also
deposed that the victim girl informed him about the attempt committed by the
accused for committing sexual assault. He would further submit that there
are arguable points in this appeal and the petitioner has every chance to
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.3195 of 2023 in Crl.A.No.224 of 2023
succeed in this Criminal appeal and that the petitioner is in judicial custody
from 18.07.2018. Thus, he prayed for suspension of sentence till the disposal
of this Criminal appeal.
5. Heard learned counsel for the petitioner and the learned Govt.
Advocate (crl.side) appearing for the first respondent.
6. On a perusal of records, it is seen that the petitioner has raised
substantial grounds in the appeal which require detailed appraisal. Further,
the appeal is not likely to be taken up in the near future. Considering the
nature of the offence and the petitioner is under incarceration from
18.07.2018, this Court is of the view that the petitioner is entitled to the relief
of suspension of sentence and bail.
7. Accordingly, the relief of suspension of sentence and bail is granted
to the petitioner on the following conditions:
(i) The petitioner is ordered to be released on bail on
executing a bond for a sum of Rs.10,000/-(Rupees ten
thousand only) along with two sureties, each for a like sum,
to the satisfaction of the Fast Track Magalir
Neethimandram, [Sessions Court], Vellore, Vellore District
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.3195 of 2023 in Crl.A.No.224 of 2023
(ii) The petitioner and the sureties shall affix their
photographs and Left Thumb Impression in the surety
bonds and the abovesaid Court may obtain a copy of their
Aadhaar card or Bank pass Book to ensure their identity;
and;
(iii) The petitioner shall appear before the trial Court as and
when required.
21.04.2023
vrc
To
1. Fast Track Magalir Neethimandram, [Sessions Court],
Vellore, Vellore District
2. The Deputy Superintendent of Police,
Vaiyambodi Sub Division, All Women Police Station,
Vaniyambodi, Thirupatthur District. [Vellore District]
3.The Public Prosecutor, High Court, Madras.
4. The Superintendent, Central Prison, Vellore.
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.3195 of 2023 in Crl.A.No.224 of 2023
V.SIVAGNANAM, J.
vrc
Crl.M.P.No.3195 of 2023
in
Crl.A.No.224 of 2023
21.04.2023
https://www.mhc.tn.gov.in/judis
