Narayana Swamy v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2025
CORAM
THE HONOURABLE MR JUSTICE B.PUGALENDHI in Crl.A.(MD)No.690 of 2024 Narayanaswamy, S/o.Vinayagam, Obulapuram, New Aayakudi, Dindigul District.
Petitioner(s) Vs State of Tamil Nadu through The Inspector of Police, All Women Police Station (Rural), Palani, Dindigul District.
Respondent(s) For Petitioner(s):
Mr.S.Suresh Kumar Isaac Paul Advocate For Respondent(s):
Mr.P.Kottaichamy Government Advocate (Crl. Side) 1/4
ORDER
The petitioner is the sole accused in Spl.S.C.No.267 of 2023 and he was found guilty and convicted and sentenced by the learned Additional Sessions Judge, Special Court (POCSO Act Cases), Dindigul District, by Judgment dated 29.05.2024. Challenging the Judgment of conviction and sentence, the petitioner has preferred an appeal and also moved a petition in Crl.M.P.(MD)No.13276 of 2024 for suspension of sentence.
2. Based on the undertaking given by the petitioner that he will not visit the occurrence village till the disposal of the appeal, this Court, by its order dated 24.02.2025 in Crl.M.P.(MD)No.13276 of 2024, suspended the sentence imposed by the trial Court and directed the petitioner to report before the Villupuram West Police Station daily at 10.30 a.m. until further orders. Now, this petition has been filed to modify the said condition that the petitioner is not able to get any job at Villupuram and it is very difficult for him to meet out his day-to-day expenses. Therefore, the petitioner is ready to appear before the Dharapuram Police Station, instead of Villupuram West Police Station.
3. The learned Government Advocate (Crl. Side) appearing for the respondent Police submits that the petitioner is complying with the condition from 07.03.2025 to 2/4
22.04.2025.
4. Considering the fact that the petitioner is not able to get any job at Villupuram and it is very difficult for him to meet out his day-to-day expenses, this Court is inclined to modify the condition imposed in Crl.M.P.(MD)No.13276 of 2024.
5. Accordingly, this petition is allowed and the condition is modified to the effect that the petitioner shall stay at Dharapuram and report before the Inspector of Police, Dharapuram Town Police Station, Tiruppur, on every Monday and Friday at 10.30 a.m. The petitioner shall file an undertaking affidavit before the respondent Police that he will not visit the occurrence village. The respondent Police shall ensure that the petitioner is not visiting the occurrence Village. sd/- 28/04/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
ogy To 1 THE ADDITIONAL SESSIONS JUDGE, SPECIAL COURT(POCSO ACT CASES), DINDIGUL.
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2. The Inspector of Police, Dharapuram Town Police Station, Tiruppur.
3. The Inspector of Police, All Women Police Station (Rural), Palani,Dindigul District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai.
COPY TO:
THE INSPECTOR OF POLICE, VILLUPURAM WEST POLICE STATION, VILLUPURAM.
+1 CC to M/s.S.SURESH KUMAR ISAAC PAUL, Advocate ( SR-4873[I] dated 28/04/2025 ) +1 CC to M/s.S.SURESH KUMAR ISAAC PAUL, Advocate ( SR-5009[I] dated 29/04/2025 ) ORDER IN CRL MP(MD) No.5510 of 2025 Date :28/04/2025 MK/SAR /29.04.2025 4P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4