Madras High CourtCRL MP/6555/2022disposed of

S.Loganathan v. State Rep By

2022-05-18Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eighteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice N. ANAND VENKATESH CRIMINAL MISCELLANEOUS PETITION No.6555 of 2022 IN CRL.A.No.506 of 2022 S.LOGANATHAN [ PETITIONER / APPELLANT / ACCUSED ] Vs STATE REP BY [ RESPONDENT / COMPLAINANT ] INSPECTOR OF POLICE, W-17, ALL WOMEN POLICE STATION, PERAVALLUR, CHENNAI 600082 (CRIME NO.12/2018) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Suspend the sentence imposed upon the petitioner in SC.21/2019 on lthe file of the Hon'ble Sessions Judge, Special Court for Exclusive Trial of Cases, Under POCSO Act Chennai by Judgment dated 04.05.2022 while Convicting the petitioenr and enlarge the petitioner on bail pending disposal of the above Crl.A.No.

506 of 2022 Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S B.MOHAN, Advocate for the petitioner and of The public prosecutor on behalf of the Respondent the court made the following order:- This petition has been filed for suspension of substantive sentence imposed against the petitioner, who was found guilty for an offence under Section 12 of the POCSO Act, 2012.

2. The learned Additional Public Prosecutor submitted that the Court below has appreciated the entire evidence and has given elaborate reasons for convicting and sentencing the petitioner.

3. This Court carefully considered the submissions made on either side. Taking into consideration the materials available on record and the grounds raised in this Criminal Appeal and also of the fact that the petitioner has already deposited the fine amount of Rs.25,000/- (Rupees Twenty Five Thousand only), this Court is inclined to suspend the sentence imposed against the petitioner subject to the following conditions.

(a)The petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum and one such surety shall be a blood relative.

(b)The petitioner shall appear before the learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Chennai, on the first working day of every month at 10.30 A.M., pending disposal of the Criminal Appeal.

4. This Criminal Miscellaneous Petition is disposed of accordingly.

-sd/- 18/05/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE SESSIONS JUDGE, SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES, UNDER POCSO ACT, CHENNAI.

2 THE INSPECTOR OF POLICE, W-17, ALL WOMEN POLICE STATION, PERAVALLUR, CHENNAI 600082

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 C.C. to M/S B.MOHAN Advocate on payment of necessary charges SR.NO.7314 Order in CRL MP.6555/2022 in CRL A.506/2022 Date :18/05/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format JPA 23/05/2022