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Madras High CourtCRL MP/11516/2023granted

Baskar v. State Rep.By

2023-08-04Honourable Mrs Justice R. Hemalatha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.08.2023

CORAM

THE HONOURABLE MRS. JUSTICE R.HEMALATHA Crl.M.P.No.11516 of 2023 in Crl.A.No.813 of 2023 Baskar

...Petitioner

Vs.

The State of Tamilnadu Rep. by the Inspector of Police, Tiruppur Central Police Station, Tiruppur, Tiruppur District.

(Crime No.135/2022)

...Respondent

PRAYER: Criminal Miscellaneous Petition filed under Section 389(1) Cr.P.C. praying to suspend the sentence imposed on the petitioner by the learned Sessions Judge, Magalir Neethimandram, Fast Track Mahila Court, Tiruppur in Spl.S.C.No.53 of 2022, dated 22.06.2023.

For Petitioner : Mr.R.Radha Pandian For Respondent : Mr.S.Sugendran, Additional Public Prosecutor

ORDER

This Criminal Miscellaneous petition is filed seeking suspension of sentence imposed by the learned Sessions Judge, Magalir Neethimandram, Fast Track Mahila Court, Tiruppur in Spl.S.C.No.53 of 2022 on 22.06.2023 and to enlarge the petitioner on bail.

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2. The petitioner is an accused in Spl.S.C.No.53 of 2022 before the learned Sessions Judge, Magalir Neethimandram, Fast Track Mahila Court, Tiruppur and he was convicted and sentenced on 22.06.2023 as follows: S.No.

Provision under which convicted Sentence Rigorous imprisonment for a period of three years and to pay a fine of Rs.1,000/-, in default, to undergo Rigorous imprisonment for three months.

Section 7 r/w. 8 of POCSO Act, 2012

3. Heard Mr.R.Radha Pandian, the learned counsel for the petitioner and Mr.S.Sugendran, learned Additional Public Prosecutor appearing for the respondent.

4. The learned counsel for the petitioner contended that there are arguable points in the Criminal Revision and hence, he prayed for suspension of sentence.

5. The learned Additional Public Prosecutor did not raise any serious objection for granting suspension of sentence to the revision petitioner.

6. Considering the submissions made by the learned counsel appearing on either side, this criminal miscellaneous petition is allowed and the sentence 2/4

imposed on the petitioner is suspended and bail is granted to the petitioner, however, subject to the following conditions: i. The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty five thousand only) with two sureties, of whom, one should be a blood relative, each for a like sum to the satisfaction of the Sessions Judge, Magalir Neethimandram, Fast Track Mahila Court, Tiruppur; ii. the sureties shall affix their photographs and Left Thumb Impression on the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; and iii. The petitioner shall appear before the trial court everyday at 10.30 a.m. for a period of four weeks and thereafter, the petitioner shall appear before the trial Court on the first working day of every month at 10.30 a.m.

until the disposal of the Criminal Revision Petition and if he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court.

04.08.2023 (2/2) vum 3/4

R.HEMALATHA, J.

vum To 1.The Sessions Judge, Magalir Neethimandram, Fast Track Mahila Court, Tiruppur.

2.The Inspector of Police, Tiruppur Central Police Station, Tiruppur District.

3.The Section Officer, Criminal Section, Madras High Court, Chennai.

Crl.M.P.No.11516 of 2023 in Crl.A.No.813 of 2023 04.08.2023 4/4