Madras High CourtCRL MP(MD)/1419/2024dismissed

Balakrishnan v. The Inspector Of Police

2025-02-14Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14-02-2025

CORAM

THE HONOURABLE MR JUSTICE B.PUGALENDHI IN CRL A(MD)NO.268 of 2023 Balakrishnan S/o.Maruthakaruppan, Door No.70/12, Odappatti Street, Jamin Nathampatti, Rajapalayam, Virudhunagar District.

Petitioner(s) Vs The Inspector of Police All Women Police station, Rajapalayam, Virudhunagar District.

Respondent(s) For Petitioner(s):

Mr.B.Sargunam, Advocate For Respondent(s):

Mr.P.Kottaichamy, Government Advocate (Crl. Side)

ORDER

The petitioner is an accused in Spl.S.C.No.1 of 2022 on the file of the Special Court for POCSO Act cases, Virudhunagar District at Srivilliputhur. After the trial, the trial Court, by its Judgment dated 10.02.2023, found the petitioner guilty for the offence under Section 448 of IPC and Section 10 of POCSO Act and convicted and sentenced him as follows:

(i) for offence under Section 448 IPC, to undergo one year rigorous 1/3

imprisonment and to pay a fine of Rs.1,000/-, with the default sentence of three months simple imprisonment.

(ii) for offence under Section 10 of POCSO Act, to undergo seven years rigorous imprisonment and to pay a fine of Rs.7,000/-, with the default sentence of six months simple imprisonment.

For suspending the sentence imposed by the trial Court, the petitioner has filed this petition.

2. It appears that this is the 4th petition filed for suspension of sentence imposed against the petitioner. This Court, by considering the gravity of offence, dismissed the earlier petitions filed by the petitioner. In the appeal, there cannot be any change in circumstances.

3. In the absence of any change in circumstances, this Court is not inclined to entertain this petition. Accordingly, this Criminal Miscellaneous Petition is dismissed.

sd/- 14/02/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

ogy 2/3

TO 1 THE JUDGE, SPECIAL COURT FOR POCSO ACT CASES, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTTUR.

2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN IN CRL A(MD)NO.268 of 2023 Date :14/02/2025 RS/GSV/SAR-(12.03.2025) 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3