M.Manibharathi v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of July Two Thousand Twenty One PRESENT The Hon`ble Mr Justice P. N. PRAKASH and The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL MISCELLANEOUS PETITION No.6724 of 2021 IN CRL.A.No.338 of 2021 M.MANIBHARATHI [ APPELLANT / ACCUSED ] Vs STATE REP.BY [ RESPONDENT / COMPLAINANT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, NAGAPATTINAM, NAGAPATTINAM DISTRICT.
IN CRIME NO.02 OF 2015.
Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Crl.A.No.338/2021 on the file of the High Court, the High Court will be pleased to suspend the sentence of imprisonment imposed in the Judgment dated 27.04.2021 made in S.C.No.114 of 2015 on the file of The Special Court under POCSO Act, Nagapattinam and enlarge the petitioner on bail pending disposal of the above Crl.A.No.338/2021.
Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.A.No.338/2021 on the file of the High Court and upon hearing the arguments of M/S.P.AYYASAMY, Advocate for the Appellant and of M/S.R.MUNIYAPPARAJ, Government Advocate (crl.side) on behalf of the Respondent the court made the following order:- [Order of the Court was made by P.N.PRAKASH, J] This Criminal Miscellaneous Petition has been filed seeking suspension of sentence of imprisonment imposed on the petitioner vide judgment dated 27.04.2021 passed in S.C.No.114 of 2015 on the file of the Special Court under POCSO Act, Nagapattinam.
2. It is seen that the petitioner has been convicted of the offences u/s.4 r/w 3(a) of the POCSO Act and has been sentenced to life imprisonment in connection with sexually abusing a minor girl. The allegations are very serious. Therefore, we are of the view that it is not a fit case to grant suspension of sentence at this juncture.
3. Accordingly, this Criminal Miscellaneous Petition is dismissed for the present.
Registry is directed to call for records, prepare typed set of papers and list the main appeal during first week of November'2021. -sd/- 29/07/2021 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 SPECIAL COURT UNDER POCSO ACT, NAGAPATTINAM.
2 THE SUPERINTENDENT, CENTRAL JAIL, CUDDALORE.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, NAGAPATTINAM, NAGAPATTINAM DISTRICT.
5 THE SECTION OFFICER, CRIMINAL SECTION, HIGH COURT, MADRAS.
C.C. to M/S. P.AYYASAMY Advocate on payment of necessary charges Order in CRL MP.6724/2021 in CRL.A.338/2021 Date :29/07/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format cs 02/08/2021