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Madras High CourtCRL MP/6549/2022allowed

Selvaraj v. State Rep By

2022-05-19Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Nineteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice N. ANAND VENKATESH CRIMINAL MISCELLANEOUS PETITION No.6549 of 2022 IN CRL.A.No.505 of 2022 SELVARAJ [ PETITIONER / APPELLANT ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, NAMAKKAL DISTRICT (CRIME NO.7 OF 2020) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Suspend the Sentence made in Judgment in Spl.CC.37 of 2020 dated 04.04.2022 by the Learned Sessions Judge, FTC Mahila Court, Namakkal and enlarge the petitioner on bail and thus render justice. 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.S.N.ARUNKUMAR, 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 to suspend the sentence imposed by the Court below.

2.

The petitioner was convicted for an offence under Section 12 of POCSO Act and was sentenced to undergo three months Rigorous imprisonment and to pay a fine of Rs.10,000/- and in default to undergo six months simple imprisonment. The Trial Court had suspended the sentence till 04.05.2022 to enable the petitioner to file the appeal.

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3.

Taking into consideration the facts and circumstances of the case, this Court is inclined to suspend the substantive sentence imposed by the Trial Court subject to the following conditions :- (a) The petitioner shall deposit the fine amount imposed by the Trial Court, if it has not already been deposited. (b) The petitioner shall execute bond for a sum of Rs.10,000/- and two sureities for a like sum.

(c) The petitioner shall appear before the Sessions (Fast Track Mahila), Judge, Namakkal on the first working day of every month at 10.30 am till the disposal of the Criminal Appeal. -sd/- 19/05/2022 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, (FAST TRACK MAHILA COURT), NAMAKKAL 2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, NAMAKKAL DISTRICT 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 C.C. to M/S.S.N.ARUNKUMAR Advocate on payment of necessary charges SR.NO.7677 Order in CRL MP.6549/2022 in CRL A.505/2022 Date :19/05/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format JPA 24/05/2022 https://hcservices.ecourts.gov.in/hcservices/