Rajesh v. The Deputy Superintendent of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighteenth day of May Two Thousand and Twenty Three PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI in Crl.A.(MD)No.302 of 2023 RAJESH (PRESENTLY CONFINED AT CENTRAL PRISON, PALAYAMKOTTAI) 2 SASIKALA

(PRESENTLY CONFINED AT WOMEN PRISON, MADURAI) ... APPELLANTS/ACCUSED Vs 1 THE DEPUTY SUPERINTENDENT OF POLICE, THUCKALAY, KANYAKUMARI DISTRICT. 2 THE INSPECTOR OF POLICE, PALUKAL POLICE STATION, KANYAKUMARI DISTRICT. ... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to enlarge them on bail by suspending the sentence imposed on them in SC.No.59 of 2010 by the Mahila Fast Track Court,Nagercoil (Camp Court,Kuzhithurai)dt.9.2.2023 pending disposal of the above Criminal Appeal. PRAYER IN Crl.A.(MD)No.302 of 2023:- To call for the records and to set aside the Judgement made in S.C.No.59 of 2010 on the file of the Mahila Fast Track Court, Nagercoil (Camp Court, Kuzhithurai) dated 09.02.2023. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.VENKATESH D, Advocate for the petitioner and of M/S.M.SAKTHI KUMAR, Government Advocate (Crl.Side) on behalf of the Respondents the court made the following order:- This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed on the petitioners/accused 1 and 2 by the learned Sessions Judge, Fast Track Mahila Court, Nagercoil (Camp Court, Kuzhithurai), in S.C.No.59 of 2010, dated 09.02.2023, till the disposal of this Criminal Appeal.

¶2The case of the prosecution is that the marriage between the first petitioner and one Sowmya was solemnized on 09.02.2009 and after the marriage, the petitioners and the third accused had demanded dowry from the deceased and harassed her, for which, the said Sowmya had committed suicide and on that basis, FIR came to be registered in Crime No.6 of 2010. The respondent police, after completing the investigation, has filed the final report.

¶3During trial, the prosecution has examined 19 witnesses as P.W.1 to P.W.19, exhibited 18 documents as Ex.P.1 to Ex.P.18 and marked 1 material object as M.O.1. The accused have examined 1 witness as D.W.1 and exhibited 2 documents as Ex.D.1 and Ex.D.2.

¶4The learned Sessions Judge, upon considering the evidence both oral and documentary and on hearing the arguments on both the sides, has passed the impugned judgment dated 09.02.2023 convicting the petitioners/accused Nos.1 and 2 and sentenced them as follows:- Accused Provision under which convicted Sentence A1-Rajesh A2-Sasikala under

Section 304B(2) IPC under

Section 498A IPC to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.1,000/-, in default, to undergo simple imprisonment for 1 year to undergo rigorous imprisonment for 3 years and to pay a fine of Rs.1,000/- in default to undergo simple imprisonment for 6 months to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.1,000/-, in default, to undergo simple imprisonment for 6 months to undergo rigorous imprisonment for 3 years and to pay a fine of Rs.1,000/- in default to undergo simple imprisonment for 6 months

¶5Challenging the above said conviction and sentence, the accused 1 and 2 have preferred the present Criminal Appeal along with the above miscellaneous petition for suspension of sentence.

¶6The learned counsel appearing for the petitioners would submit that the second petitioner is the mother of the first petitioner and is aged about 60 years.

¶7The learned counsel appearing for the petitioners would further submit that there are several infirmities in the prosecution case and further there are contradictions in material particulars between the evidence of the prosecution witnesses. He would further submit that the petitioners have already paid fine amount.

¶8The learned Government Advocate (Criminal Side) appearing for the respondent would submit that there are enough materials available on record against the petitioners and hence, he strongly opposed to grant suspension of sentence.

¶9This Court has carefully considered the rival contentions putforth by either side and also perused the materials available on record.

¶10Considering the facts and circumstances of the case and also the seriousness and gravity of the offence alleged against the first petitioner, this Court is not inclined to suspend the sentence imposed on the first petitioner. Accordingly, this Criminal Miscellaneous Petition is dismissed as against the first petitioner concerned.

¶11Considering the age of the second petitioner, this Court is inclined to suspend the sentence imposed on the second petitioner.

¶12In the result, this Criminal Miscellaneous Petition is allowed as against the second petitioner concerned. Accordingly, the relief of suspension of sentence and bail is granted to the second petitioner on the following conditions:-

(i) The second petitioner shall execute 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 Judicial Magistrate No.I, Kuzhithurai;

(ii) The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; and

(iii) The second petitioner shall appear before the concerned Court on all working days at 10.30 a.m., until further Crl.M.P(MD)No.7464eofe2023 orders and if she is not able to appear before the trial Court on any day, she 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 her absence, as directed by the trial Court. sd/- 18/05/2023 / TRUE COPY / 19/05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. CSM TO

1. THE MAHILA FAST TRACK COURT, NAGERCOIL. (CAMP COURT, KUZHITHURAI)

¶2THE JUDICIAL MAGISTRATE NO.I, KUZHITHURAI.

¶3DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

¶4THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

¶5THE OFFICER IN-CHARGE, WOMEN PRISON, MADURAI.

¶6THE DEPUTY SUPERINTENDENT OF POLICE, THUCKALAY, KANYAKUMARI DISTRICT.

¶7THE INSPECTOR OF POLICE, PALUKAL POLICE STATION, KANYAKUMARI DISTRICT.

¶8THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.VENKATESH D, Advocate ( SR-7589[I] dated 19/05/2023 )

ORDER IN CRL MP(MD) No.7464 of 2023 Date :18/05/2023 NA/VR/SAR- /19.05.2023/4P/10C