BAIL SLIP

The Appellants/ Accused viz.,

1. Mahi @ Mahendiran @ Mahender, M/A 23, S/o.Mohan

2. Sri Karthi @ Sri Karthikeyan, M/A 21, S/o.Kamaraj.

3. Subash, M/A 21, S/o.Subramanian.

4. Ashok Kumar, M/A 22, S/o.Amirthalingam.

5. Diwakar, M/A 21, S/o.Ravi were directed to be released on

bail as per order of this Court dated 05.08.2014 in Crl.M.P.No.1

of 2015 in Crl.A.No.411/2014.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on : 06.06.2022

Pronounced on : 10.06.2022

Coram::

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN

Criminal Appeal No.411 of 2014

1. Mahi @ Mahendiren @ Mahender, M/A 23,

S/o.Mohan.

2. Sri Karthi @ Sri Karthikeyan, M/A 21,

S/o.Kamaraj.

3. Subash, M/A 21,

S/o.Subramanian.

4. Ashok Kumar, M/A 22,

S/o.Amirthalingam.

5. Diwakar, M/A 21,

S/o.Ravi.

...Appellants/Accused

/versus/

1. The State Rep. by its

The Inspector of Police,

Sembanarkoil Police Station,

Nagappattinam.

(Crime No.476 of 2012)

...Respondent/Complainant

https://hcservices.ecourts.gov.in/hcservices/

Prayer: Criminal Appeal is filed under Section 374 (2) of

Cr.P.C., to set aside the Conviction and Sentence imposed upon

the appellants by the Hon'ble Fast Track Mahila Court,

Nagapattinam, dated 23.07.2014 in S.C.No.73 of 2013.

For 1^st Appellant

: Mr.M.P.Saravanan

For 2^nd to 5^th Appellants

: Mr.G.Saravanabhavan

For Respondent

: Mr.S.Udaya Kumar,

Government Advocate (Crl.Side)

J U D G M E N T

On 31/07/2012 at about 18.15 hrs, Rekha daughter of

Karunanithi, a 17 years old lass committed suicide by hanging at

her house. The matter was reported to the respondent police by

her father on the next day at about 08.00 hrs. Based on his

information, the case was registered in Crime No.476/2012 under

Section 176 Cr.P.C and investigation was taken up. The

investigation revealed that, on the date of incident the victim

girl was subjected to harassment by the appellants herein. The

appellants 1 to 5 were arrested and charged for offences under

Sections 147, 354, 306 of I.P.C and section 4(b) of Tamil Nadu

Prohibition of Harassment of Women Act. The charges were denied

by the accused/appellants.

2. To prove the charges, the prosecution has examined

13 witnesses and marked 14 documents as exhibits. The trial

court found all the 5 accused guilty and were sentenced as below:

Rank of

the

accused

Conviction under

Section

Sentence imposed by the Fast

Track Mahila Court,

Nagapattinam

A1 to

A5

Under Section 147

IPC

To pay a fine of Rs.250/-

each in default 3 months S.I.

Under Section 354

IPC

To undergo 6 months R.I and

also to pay a fine of

Rs.500/- each in default 6

months S.I

Under Section 306

IPC

To undergo 5 years R.I and

also to pay a fine of

Rs.1,000/- each in default to

undergo 1 year S.I.

Under Section 4(b)

of

Tamil

Nadu

Prohibition

of

Harassment of Women

Act.

To undergo 5 years R.I and

also to pay a fine of

Rs.50,000/- each in default 1

year S.I.

https://hcservices.ecourts.gov.in/hcservices/

3. Challenging the conviction and the sentence, the

present appeal is filed.

4. The case of the prosecution as per the final report

is that, the accused 1 to 5 are 2012-13 batch students of AVC

Polytechnic College, pursuing their Diploma Courses. They are

close friends. During the said period, the deceased Rekha was

pursuing 2^nd year EEE diploma course in the same college. A year

prior to the incident, Rekha was in friendly term moving closely

with the first accused Mahi @ Mahendiran @ Mahendar. Thereafter,

she started disassociated from him and friendship with another

boy of the same college. Therefore, Mahi and his friends (A-1 to

A-5) decided to disgrace and harass Rekha for shifting her

friendship. On 31/07/2012, at about 5.00 p.m., A-1 to A-5 came

in two wheelers and gathered together unlawfully near the

college and when Rekha came out of the college, at the

instigation of A-1, the other accused abused Rekha for changing

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