Dharmalingam v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN in Crl.A.No.443 of 2024 Dharmalingam ... Petitioner Vs The Inspector of Police, H1, Washermen Police Station, Chennai - 600 021. ... Respondent PRAYER:

Criminal Miscellaneous Petition filed under Section 528 of BNSS, to relax the condition imposed on the petitioner/appellant that he shall appear and report before the respondent-Police weekly once ie., first working day of every week at 10.30 am until further orders made in Crl.M.P.No.6579 of 2024 in Crl.A.No.443 of 2024 on 04.06.2024. For Petitioner : Mr.M.P.Saravanan For Respondent : Mr.S.Sugendran Additional Public Prosecutor

O R D E R

This Criminal Miscellaneous Petition has been filed to relax the condition imposed on the petitioner vide order of this Court dated 04.06.2024 passed in Crl.M.P.No.6579 of 2024 in Crl.A.No.443 of 2024.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent and perused the materials available on record.

3. The respondent-Police registered a case against the petitioner in Crime No.1664 of 2012 for the offences under Sections 376 and 417 IPC and charge sheet has been filed and the same was taken on file in S.C.No.173 of 2016 on file of the learned Sessions Judge, Mahalir Neethimandram, Allikulam, Chennai. The learned Sessions Judge found the petitioner/ accused guilty and convicted the petitioner under Section 376(1) IPC and sentenced him to undergo 10 years Rigorous Imprisonment with a fine of Rs.25,000/- in default, to undergo six months simple imprisonment and for the offence under Section 417 IPC, sentenced him to under one year Rigorous Imprisonment with fine of Rs.5,000/- in default to undergo two months simple imprisonment.

Hence, the petitioner/accused filed a criminal miscellaneous petition in Crl.M.P.No.6579 of 2024 before this Court, seeking to suspend the sentence imposed on the petitioner by the learned Sessions Judge. This Court vide order dated 04.06.2024, while granting bail to the petitioner imposed condition that he has to appear before the respondent Police weekly once. The petitioner has filed this criminal miscellaneous petition to relax the said condition.

4. Considering the serious nature of offence, this Court is not inclined to relax the condition imposed on the petitioner vide order of this Court dated 04.06.2024 passed in Crl.M.P.No.6579 of 2024 in Crl.A.No.443 of 2024. Hence, the Criminal Miscellaneous Petition is dismissed.

07.03.2025 ( 1/2 ) mfa Index:Yes/No Speaking Order: Yes/No

To

1. The Sessions Judge, Mahalir Neethimandram, Allikulam, Chennai

2. The Inspector of Police, H1, Washermen Police Station, Chennai - 600 021.

3. The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J.

mfa in Crl.A.No.443 of 2024 07.03.2025