Madras High CourtCRL MP(MD)/2411/2025modified

M.Balan v. The State Of Tamilnadu

2025-02-25Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2025

CORAM

THE HONOURABLE MR JUSTICE B.PUGALENDHI in Crl.A.(MD)No.557 of 2019 M.Balan, S/o.Malaisamy, Mainthaiamman Kovil Street, Rajiv Street, Thirupalai, Madurai-14.

Petitioner(s) Vs The Inspector of Police, Aandipatti All Woman Police Station, Theni District.

(Crime No.05/2017) Respondent(s) For Petitioner(s):

Mr.A.Raja, Advocate For Respondent(s):

Mr.T.Senthil Kumar, Additional Public Prosecutor

ORDER

The petitioner is an accused in Spl.S.C.No.21 of 2017 on the file of the Fast Track Mahila Court, Theni District. After the trial, he was found guilty for the offence under Section 366 IPC and Section 6 of POCSO Act and convicted and sentenced by the trial Court by its Judgment dated 03.10.2019. Challenging the same, the petitioner filed Crl.A.(MD) No.557 of 2019 along with the petition in Crl.M.P.(MD)No.10177 of 2019 for suspension of sentence.

2.This Court, while suspending the sentence on 10.01.2020, directed the petitioner to appear before the trial Court daily twice, i.e. at 10.30 a.m. and 5.00 p.m. 1/3

pending appeal. Thereafter, on the petition filed by the petitioner in Crl.M.P.(MD) No.1518 of 2020, this Court, by its order dated 25.02.2020, modified the said condition to the effect that the petitioner shall report before the trial Court once in a week at 10.30 a.m. until further orders. Now, the petitioner has filed this petition to relax the said condition.

3.The learned counsel appearing for the petitioner submits that the petitioner is complying with the condition for the past five years. The learned Additional Public Prosecutor has also confirmed the same.

4.Considering the fact that the petitioner is complying with the condition for the past five years, this Court is inclined to modify the condition imposed in Crl.M.P. (MD)No.1518 of 2020 in Crl.A.(MD)No.557 of 2019. 5.Accordingly, this petition is allowed and the condition is modified to the effect that the petitioner shall appear before the District Mahila Fast Track Court, Theni District, on the first working day of every English Calender month at 10.30 a.m., till the disposal of the appeal.

sd/- 25/02/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDGE, DISTRICT MAHILA FAST TRACK COURT, THENI DISTRICT. 2 THE INSPECTOR OF POLICE, AANDIPATTI ALL WOMEN POLICE STATION, THENI DISTRICT.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN Crl.M.P.(MD)No.2411 of 2025 in Crl.A.(MD)No.557 of 2019 Date :25/02/2025 RS/GSV/SAR-(17.03.2025) 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3