N. Balamurugan v. The Inspector Of Police
CRL MP(MD) No.2129 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Third day of March Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL MP(MD) No.2129 of 2022 IN CRL A(MD) No.39 of 2022 N.BALAMURUGAN ... APPELLANT/SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE RAJAPALAYAM SOUTH POLICE STATION, VIRUDHUNAGAR DISTRICT.
(CRIME NO.760/2017) ... RESPONDENT/COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to suspend the sentence of imprisonment imposed by the Honble Special court for Exclusive Trial of cases under protection of children from the Sexual offence Act 2012, Virudhunagar at Srivilliputhur in Spl S.C No. 18/2018 by the Judgment dated 08.12.2021 and enlarge the Petitioner/Appellant on bail, pending disposal of the above said Criminal Appeal.
PRAYER IN CRL A(MD) No.39 of 2022:
To call for the records and set aside the Judgment and Conviction dated 08.12.2021, by the Special Court For Exclusive Trial Of Cases Under Protection Of Children From The Sexual Offences Act, 2012 Virudhunagar At Srivilliputhur in Spl.S.C.No.18 of 2018 and acquit the Appellant.
Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.RAJABOOPATHY.D., Advocate for the petitioner and of M/S.M.AASHA, Government Advocate (Crl.Side) on behalf of the Respondent, while admitting the Criminal Appeal, the court made the following order:- The miscellaneous petition has been filed seeking suspension of sentence imposed by the Special Court for Exclusive Trial of Cases under Protection of Children from the Sexual Offences Act, 2012, Virudhunagar at Srivilliputhur in Spl.S.C.No.18 of 2018, by judgment, dated 08.12.2021.
https://hcservices.ecourts.gov.in/hcservices/ 1/2
CRL MP(MD) No.2129 of 2022 2.Considering the facts and circumstances of the case and the gravity of the offence committed by the petitioner herein, this Court finds no infirmity or illegality in the order passed in Spl.S.C.No.18 of 2018.
3.Therefore, the criminal miscellaneous petition is dismissed. sd/- 03/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE SPECIAL JUDGE FOR EXCLUSIVE TRIAL OF CASES UNDER PROTECTION OF CHILDREN FROM THE SEXUAL OFFENCES ACT, 2012, VIRUDHUNAGAR AT SRIVILLIPUTHUR.
2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.
3 THE INSPECTOR OF POLICE RAJAPALAYAM SOUTH POLICE STATION, VIRUDHUNAGAR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL MP(MD) No.2129 of 2022 IN CRL A(MD) No.39 of 2022 Date :03/03/2022 RS/SVR/SAR.1(17.03.2022) 2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/2