Gurusamy v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11-07-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R. POORNIMA IN CRL A(MD) NO.837 of 2023 Gurusamy S/o.Ayyanar, D.No.170, Othapatti, InamChettikulam, Rajapalayam Taluk, Virudhunagar District.

Petitioner(s) Vs The State of Tamil Nadu Rep by The Inspector of Police, Rajapalayam All Women Police station, Virudhunagar District. Crime No. 14/2022 Respondent(s) Prayer:This application is filed under Section 482 of Crl.P.C., -528 of BNSS, praying to relax the condition imposed on the petitioner in Crl.M.P(MD)No.4840 of 2024 in Crl.A(MD)No.837 of 2023 dated 31.07.2024.

For Petitioner(s):

K. M.Karunakaran Veerapandiselvaraj.S For Respondent(s): Mr.B.Nambi Selvan Public Prosecutor

ORDER

(Order of the Court was made by the Hon'ble A.D.JAGADISH CHANDIRA J.) This petition is filed to relax the condition imposed by this Court on 31.07.2024 on 1/4

the petitioner in Crl.M.P(MD)No.4840 of 2024 in Crl.A(MD)No.837 of 2023 2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent. 3.This Court, on 31.07.2024, while suspending the sentence passed the following order:

"8.Accordingly, the criminal miscellaneous petition is allowed and the substantive sentence of imprisonment imposed on the petitioner herein alone suspended pending the Appeal, subject to the following conditions: (i)The petitioner is directed to be enlarged on bail on executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, of whom, one should be a blood related surety, each for a like sum to the satisfaction of the Special Court for POCSO Act case, Virudhunagar District at Srivilliputhur.

(ii)The sureties shall affix their photographs and left Thumb impression in the surety bond and the Committal Court may obtain a copy of their Aadhar card or bank pass book to ensure their identity.

(iii)The petitioner shall stay at Pudukottai and report before the Pudukottai Town Police Station daily at 10.30 am., until further orders." 4.The learned counsel appearing for the petitioner submits that the petitioner is 2/4

aged about 76 years and he is the only bread winner of his family and due to the condition imposed on him, he is unable to attend to his daily works to eke out his livelihood. Hence, he prays to relax the condition imposed on the petitioner. 5.Considering the submissions made on either side, the condition imposed by this Court on 31.07.2024 is modified to the effect that the petitioner shall appear before the Special Court for POCSO Act Cases, Virudhunagar District at Srivilliputhur, on first working day of every month at 10.30 a.m., until further order. It is made clear that the petitioner shall not enter into jurisdiction limit of the respondent police. The other conditions imposed by this Court if any shall remain unaltered. 6.In view of the above, this petition is allowed. sd/- 11/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

NS TO 1 THE SPECIAL JUDGE FOR POCSO ACT CASES, SRIVILLIPUTHUR, VIRUDHUNAGAR DISTRICT.

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

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

ORDER

IN CRL MP(MD) No.8744 of 2025 IN CRL A(MD) No.837 of 2023 Date :11/07/2025 NM/23.07.2025/ 4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4