Sangaranarayanan 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.399 of 2021 Sangaranarayanan, S/o.Masanam, No.75, Perumal Colony, Pudukottai Village, M.Pudupatti, Sivakasi Taluk, Virudhunagar District.

Petitioner(s) Vs

1. The State of Tamil Nadu through The Inspector of Police, M.Pudupatti Police Station, Virudhunagar District.

2. Pandiselvi Respondent(s) For Petitioner(s):

Mr.A.Balaji Advocate For Respondent(s):

Mr.P.Kottaichamy Government Advocate (Crl. Side) for R1

ORDER

The petitioner is the 2nd accused in Spl.S.C.No.50 of 2016 and he was found guilty and convicted and sentenced by the Special Court for POCSO Act Cases, 1/4

Virudhunagar District at Srivilliputhur. Challenging the Judgment of conviction and sentence, the petitioner has preferred an appeal and also moved a petition in Crl.M.P.(MD)No.1615 of 2024 for suspension of sentence.

2. Based on the undertaking given by the petitioner that he will not visit the occurrence village and will not disturb the victim at any point of time, this Court, by its order dated 21.02.2025 in Crl.M.P.(MD)No.1615 of 2024, suspended the sentence imposed by the trial Court and directed the petitioner to report before the Thottiam Police Station daily at 10.30 a.m. until further orders. Now, the petitioner has filed this petition to modify the said condition.

3. The learned counsel appearing for the petitioner submits that the victim girl is no more. Since the petitioner is regularly complying with the condition from 25.02.2025, he seeks to modify the above condition.

4. The learned Government Advocate (Crl. Side) appearing for the respondent Police submits that the petitioner is regularly complying with the condition from 25.02.2025.

5. Considering the fact that the petitioner is regularly complying with the condition from 25.02.2025 and the victim girl is no more, this Court is inclined to modify the condition imposed in Crl.M.P.(MD)No.1615 of 2024. 2/4

6. Accordingly, this petition is allowed and the condition is modified to the effect that the petitioner shall report the trial Court once in a month, i.e. on the first working day of every English Calender month at 10.30 a.m., till the disposal of the appeal. The petitioner shall file an undertaking affidavit before the respondent Police that he will not visit the occurrence village and will not disturb the victim's family at any point of time. The respondent Police shall ensure that the petitioner is not visiting the village occurrence.

sd/- 28/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

ogy To

1. The Special Court for POCSO Act Cases,Virudhunagar District at Srivilliputhur.

2. The Judicial Magistrate, Sivakasi.

3. Do Through The Chief Judicial Magistrate, Virudhunagar District At Srivilliputhur.

4. The Inspector of Police, M.Pudupatti Police Station, Virudhunagar District.

5. The Additional Public Prosecutor,Madurai Bench of Madras High Court, Madurai. 3/4

Copy to:

The Inspector of Police, Thottiyam Police Station, Trichy District. +1 CC to M/s.A.BALAJI, Advocate ( SR-5059[I] dated 29/04/2025 )

ORDER

IN CRL MP(MD) No.5745 of 2025 Date :28/04/2025 PP/19.05.2025 4P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4