Madras High Court
Ramachandran vs The State Represented By on 12 October, 2023
Crl.M.P.No.3866 of 2023 in Crl.A.No.277 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.10.2023
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
AND
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
Crl.M.P.No.3866 of 2023
in Crl.A.No.277 of 2023
Ramachandran
S/o Perumal .. Petitioner
-vs-
The State represented by
The Inspector of Police
Attur Police Station
Salem District
(Crime No.1122 of 2012) .. Respondent
Criminal Miscellaneous Petition filed under Section 389(1) of the
Code of Criminal Procedure to suspend the sentence made in judgment in
S.C.No.130 of 2015 dated 24.01.2023 on the file of the learned Sessions
Judge, Magalir Neethimandram (Mahila Court), (FAC), Salem and enlarge
the petitioner on bail, pending disposal of the appeal.
For Petitioner :: Mr.J.Jayan for Mr.S.N.Arunkumar
For Respondent :: Mr.A.Gokulakrishnan
Additional Public Prosecutor
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ORDER
(Order of the Court was made by S.S.SUNDAR, J.)
Challenging the conviction and sentence imposed on the petitioner
(A1) by the trial Court for the offence under Sections 366 & 376(1) of IPC
to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.2,000/-
, in default to undergo rigorous imprisonment for 1 year for the offence
under Section 366 of IPC; to undergo imprisonment for life and to pay a fine
of Rs.5,000/-, in default to undergo rigorous imprisonment for 1 year for the
offence under Section 376(1) of IPC, which are ordered to run concurrently,
vide the impugned judgment, the petitioner has preferred the appeal. The
petitioner has filed the present application seeking to suspend the sentence
and enlarge him on bail, pending the appeal.
2. We have heard both sides and perused the materials available on
record.
3. The case of the prosecution is that on 31.08.2012 at about 11.30
a.m., at Sekkaramedu, Ammampalayam, when the victim girl came out of
the house for washing the clothes near the water tank situated near her
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Crl.M.P.No.3866 of 2023 in Crl.A.No.277 of 2023
house, the petitioner kidnapped her from the lawful guardianship of her
parents and took her to Valayamadevi. It is their further case that in spite of
her protest, she was taken to Perambalur in a bus and later the petitioner
took the victim to Kanchipuram and stayed there along with her. The
further case of the prosecution is that the accused had taken the victim to
Tirupathi, where the petitioner/first accused married the minor victim in the
presence of other accused and they all stayed at Tirupathi for two days. The
petitioner thereafter stayed with the victim girl in a rented house in
Settipedu, Kanchipuram. Since the victim was a minor girl aged 16 years,
the petitioner was prosecuted, convicted and sentenced for the offence stated
above. It is admitted that A2 to A5, who are the close relatives of A1, are
acquitted of the charges under Sections 366, 376(1) readwith 109 of IPC by
the trial Court.
4. From the evidence of the victim girl, it is seen that she had
voluntarily gone with the accused and that she also states that she married
the accused. Further, in the whole incident, the petitioner had taken the
victim girl with her consent and married her. The trial Court, taking into
consideration the age of the victim, has found the accused guilty of the
offence. But the trial Court failed to consider the inconsistencies in the
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testimony of P.W.2 and the evidence adduced by the prosecution in the
proper perspective. Therefore, considering the age of the accused and the
peculiar facts and circumstances of this case, this Court finds a prima facie
case in favour of the accused to suspend the sentence.
5. Accordingly, this criminal miscellaneous petition stands allowed
and the substantive sentence of imprisonment imposed on the petitioner is
suspended and he is granted bail on the following conditions:-
(i) 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 likesum, to the satisfaction of the learned
Sessions Judge, Maglir Needhimandram (Mahila Court) (FAC),
Salem.
(ii)The sureties shall affix their photographs and Left Thumb Impression
in the surety bond and the learned Sessions Judge may obtain a copy
of their Aadhar card or Bank Pass Book and mobile numbers to
ensure their identity; and
(iii)The petitioner shall appear before the trial Court on the first working
day of every month at 10.30 a.m., until the disposal of the appeal and
if he is not able to appear before the trial Court on any day, he shall
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Crl.M.P.No.3866 of 2023 in Crl.A.No.277 of 2023
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 his absence, as directed by the trial Court.
(S.S.S.R.,J.) (S.M.,J.)
12.10.2023
ss
To
1. The Sessions Judge, Magalir Needhimandram,
(Mahila Court) (FAC), Salem
2. The Inspector of Police, Attur Police Station, Salem District
3. The Superintendent, Central Prison, Coimbatore
4. The Public Prosecutor, High Court, Madras
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Crl.M.P.No.3866 of 2023 in Crl.A.No.277 of 2023
S.S.SUNDAR, J.
AND
SUNDER MOHAN, J.
ss
Crl.M.P.No.3866 of 2023
in Crl.A.No.277 of 2023
12.10.2023
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