Vignesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27-01-2025

CORAM

THE HONOURABLE MR JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA in Crl.A.(MD)No.686 of 2024 Vignesh S/o.Shankar, 4th Ward, South Street, Manur, Palani Taluk, Dindigul District. (Presently confined at Central Prison, Madurai) Petitioner(s) Vs The Inspector of Police All Women Police Station, Palani, Dindigul District. Respondent(s) For Petitioner(s) :

Mr.D.Venkatesh, Advocate For Respondent(s):

Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

(Order of the Court was made by the Hon'ble G.r.swaminathan J.) Heard both sides.

2.As per Ex.P10-school certificate, the appellant was born on 24.02.2004. The child in this case was born on 10.12.2022. Therefore, at the time of occurrence, as per Ex.P10, the appellant was a juvenile. He appears to have been treated as adult by the court 1/3

below and sentenced to life imprisonment.

3. We are satisfied that the appellant has arguable case on merits. Accordingly, this Criminal Miscellaneous Petition is ordered and the sentence imposed on the petitioner vide Judgment dated 30.07.2024 is suspended 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 relative, each for a like sum to the satisfaction of the learned Special Court (POCSO Act Cases), Dindigul. ii. The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Court may obtain a copy of their Aadhar card or Bank passbook to ensure their identity.

iii. The petitioner shall report before the learned Special Court (POCSO Act Cases), Dindigul, in the first working day of every English calendar month at 10.30 a.m., until further orders and if he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court.

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4.This Criminal Miscellaneous Petition is allowed. sd/- 27/01/2025 / TRUE COPY / 29/01/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

RMI TO 1 THE JUDGE, SPECIAL COURT (POCSO ACT CASES), DINDIGUL.

2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PALANI, DINDIGUL DISTRICT.

3 THE SUPERINTENDENT CENTRAL PRISON, MADURAI.

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

+1 CC to M/s.D.VENKATESH, Advocate ( SR-933[I] dated 28/01/2025 )

ORDER

IN in Crl.A.(MD)No.686 of 2024 Date :27/01/2025 SS/SAR- /29/01/2025/ 3P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3