Palraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Tenth day of July Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA and The Hon`ble Mr.Justice K. RAJASEKAR IN CRL A(MD) No.29 of 2022 PALRAJ ... PETITIONER/APPELLANT/SOLE ACCUSED Vs THE INSPECTOR OF POLICE RAJAPALAYAM NORTH POLICE STATION, VIRUDHUNAGAR DISTRICT.

CR.NO.672/2015 ... RESPONDENT/RESPONDENT/COMPLAINANT Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Suspend the Sentenced passed in Special Sessions Case No.37/2016 dt 08.10.2021 on the file of the Special Court for exclusive trial of cases under protection of children from the sexual offences act 2012 Virudhunagar District at Srivilliputhur pending disposal of the above said Criminal Appeal.

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PRAYER IN CRL A(MD)NO. 29 of 2022:

Pleased to admit this appeal on file, to call for the records from the Lower Court and duly set aside the judgment passed by the learned special Court for exclusive trial of cases under protection of children from the sexual offences act, 2012, virudhunagar district at Srivilliputhur in his Special Sessions Case No.37 of 2016 dated 08.10.2021.

Order : This Criminal Miscellaneous Petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S M.KRISHNAVENI, Advocate for the petitioner and of MR.R.MEENAKSHI SUNDARAM, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- [Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] The present petition has been filed by the appellant/sole accused to suspend the sentence imposed on him by the learned Special Court for Exclusive Trial of Cases under POCSO Act, Virudhunagar District at Srivilliputhur in Spl.S.C.No.37 of 2016, dated 08.10.2021.

2. It is seen from the records that this is the fifth application for suspension of sentence. The earlier application filed by the petitioner in Crl.M.P(MD)No.1800 of 2022 has been dismissed on merits holding that it is not a fit case for grant of suspension of sentence. Earlier, this Court directed the Registry to post the main 2/4

appeal for hearing at the earliest.

3. We are not inclined the suspend the sentence. Hence, this petition is dismissed.

sd/- 10/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

AM TO THE SPECIAL JUDGE FOR EXCLUSIVE TRIAL OF CASES UNDER PROTECTION OF CHILDREN FROM THE SEXUAL OFFENCES ACT, 2012, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

THE INSPECTOR OF POLICE RAJAPALAYAM NORTH POLICE STATION, VIRUDHUNAGAR DISTRICT.

THE SUPERINTENDENT CENTRAL PRISON, MADURAI.

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THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN IN CRL A(MD) No.29 of 2022 Date :10/07/2024 PKP/GS/SAR /18.07.2024/ 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4