IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN

Crl.M.P.No.13774 of 2021

in Crl.A.No.301 of 2020

Marudhamuthu

... Petitioner

versus

State rep. By

... Respondent

The Inspector of Police,

Amaravathi Nagar Police Station,

Tiruppur District.

(Crime No.48 of 2016)

PRAYER: Criminal Miscellaneous Petition has been filed under Section

389 (1) of Cr.P.C. to suspend the sentence imposed by the judgment

dated 13.07.2020 in Sessions Case No.176 of 2016 on the file of the

Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court),

Tiruppur and enlarge the petitioner on bail pending disposal of the

above Criminal Appeal.

For Petitioner

: Mr.S.N.Arunkumar

For Respondent

: Mr.Leonard Arul Joseph Selvam

Government Advocate (Crl.Side)

ORDER

This Criminal Miscellaneous Petition has been preferred by the

petitioner/accused, seeking to suspend the sentence imposed upon him,

by judgment and order dated 13.07.2020 passed in Sessions Case No.176

of 2016 on the file of the learned Sessions Judge, Magalir

Neethimandram (Fast Track Mahila Court), Tiruppur, and to enlarge him

on bail, pending disposal of the appeal.

2.

The petitioner, who is the accused in Sessions Case No.176

of 2016 on the file of the learned Sessions Judge, Magalir

Neethimandram (Fast Track Mahila Court), Tiruppur. He was found

guilty of the offences under Sections 323, 506(ii), 306 of IPC and

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Section 4 of Tamil Nadu Prohibition of Women Harassment Act, 1998 and

he has been convicted and sentenced as under:

Offence

Sentence

Section 323 of IPC Simple Imprisonment for 6 months

Section 506(ii) of

IPC

Rigorous Imprisonment for 7 years

Section 306 of IPC Rigorous Imprisonment for 10 years along with

fine of Rs.5,000/-, in default, to undergo

additional Rigorous Imprisonment for 2 years

Section 4 of Tamil

Nadu Prohibition

of

Women

Harassment

Act,

1998

Rigorous Imprisonment for 3 years along with

fine of Rs.3,000/-, in default, to undergo

additional Rigorous Imprisonment for 1 year

The aforesaid sentences were ordered to run concurrently.

3.

Challenging the above conviction and sentences, the

petitioner/accused, has filed Crl.A.No.301 of 2020 along with the

instant Miscellaneous Petition, seeking suspension of sentence and

bail.

4.

The case of the prosecution is that there was a love affair

between the petitioner and the victim and that was opposed by her

parents. While so, on 23.03.2016, the petitioner went to the victim

child's home and picked up quarrel with her to marry him and also

abused her. Due to the same, the victim committed suicide by pouring

kerosene on her. Therefore, the respondent police registered a case

against the petitioner/accused for the offences punishable under

Sections 323, 506(ii), 306 of IPC and Section 4 of Tamil Nadu

Prohibition of Women Harassment Act, 1998.

5.

The learned counsel appearing for the petitioner would

submit that the trial Court, while at the time of disposing the case,

did not consider the love affair having by the petitioner and the

victim and also not consider the evidence in respect of abetment

committed by the petitioner. Therefore, he prayed to allow this

petition seeking suspension of sentence to the petitioner/accused.

6.

Mr.Leonard Arul Joseph Selvam, the learned Government

Advocate (Crl. Side) appearing for the respondent police raised

serious objection for allowing this petition. He would further submit

that the evidence recorded from the prosecution witness is sufficient

to accept the case of the prosecution.

7.

Heard Mr.S.N.Arunkumar, learned counsel appearing for the

petitioner/accused and Mr.Leonard Arul Joseph Selvam, learned

Government Advocate (Crl. Side), appearing for the respondent/State.

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8.

Now, on going through the evidence reco