Saravana Prakash v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25-02-2025
CORAM
THE HONOURABLE DR JUSTICE G. JAYACHANDRAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA in CRL.A(MD)No.1105 of 2024 Saravana Prakash S/o. Vengidusami, Chellapandi Amman Temple North Street, Dindigul District. Now confined at Central Prison, Madurai As a Convict Prisoner.
Petitioner(s) Vs The State of Tamilnadu Rep. by The Inspector of Police, Dindigul West Town Police Station, Dindigul. Crime No.122/2022.
Respondent(s) For Petitioner(s): Mr.M.Jegadeesh Pandian Sugadev.T Viswanathan.B 98438 57857 For Respondent(s):Mr.S.Ravi Addl.Public Prosecutor
ORDER
(Order of the Court was made by the Hon'ble DR.G.JAYACHANDRAN., J.) This Petition is filed to modify the condition imposed by this Court in CRL.M.P 1/5
(MD)No.13616 of 2024 in CRL.A(MD)No.1105 of 2024, dated 20.01.2025, by directing the Petitioner to execute two sureties with Aadhaar Card and Bank Pass Book instead of ''(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 learned Special Court for POCSO Act Cases, Dindigul.
2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.
3.The Petitioner was convicted for the offence under Section 6 of the POCSO Act and sentenced to undergo life imprisonment and three years rigorous imprisonment for the offence under Section 366 of IPC. Suspension of sentence was granted by this Court vide order, dated 21.01.2025, with following conditions: ''4.Accordingly, this Criminal Miscellaneous Petition is ordered and the imprisonment ordered by the Trial Court through the impugned judgment, dated 6.11.2024 is suspended subject to the following conditions:
(i)The Petitioner/accused is directed to be enlarged on bail on 2/5
executing a bond for 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 learned Special Court for POCSO Act Cases, Dindigul.
(ii)The sureties shall afix their photographs and Left Thump Impression in the surety bond and the Court may obtain a copy of their Aadhaar Card or Bank Pass Book to ensure their identity.'' 4.The present application is filed to modify the condition stating that his father who has come forward to stand as a surety, has no property worth to give Solvency Certificate for Rs.25,000/- and therefore, the condition be modified. The learned counsel for the Petitioner states that there are sureties other than the blood relatives, who is ready to give Solvency Certificate as required under statute, but there is no blood relatives worth providing Solvency Certificate. 5.Taking into consideration the nature of the offence and the circumstances, this Court, as a special case, exempt the blood surety from giving Solvency Certificate, but to execute a bond for a sum of Rs.25,000/- without Solvency Certificate to the satisfaction of the trial Court and the other conditions already imposed by this Court 3/5
stand confirmed. Time to furnish surety extended by two weeks from today. 6.With the above modifications, the Criminal Miscellaneous Petition stand allowed.
sd/- 25/02/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
VSN TO 1 THE JUDGE, SPECIAL COURT FOR POCSO ACT CASES, DINDIGUL.
2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.
3 THE INSPECTOR OF POLICE, DINDIGUL WEST TOWN POLICE STATION, DINDIGUL.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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+1 CC to M/s.M.JEGADEESH PANDIAN, Advocate ( SR-2094[I] dated 25/02/2025 )
ORDER
IN in CRL.A(MD)No.1105 of 2024 Date :25/02/2025 SA/SAR. /16.04.2025/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5