Dharmadurai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighteenth 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.820 of 2022 DHARMADURAI ... PETITIONER/APPELLANT/ACCUSED (SINGLE) Vs THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THIRUMANGALAM, MADURAI DISTRICT.

CRIME NO.81 OF 2017 ... 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 enlarge the petitioner on bail by suspending the sentence imposed by the Principal Special Court for Exclusive Trial of Cases under POCSO Act, Madurai in Special S.C.No.67 of 2018 vide judgment dated 25.04.2022 pending the disposal of the main criminal appeal pending on the file of this Hon'ble Court. Prayer in CRL A(MD) No.820 of 2022 :

To call for the entire records pertaining to the judgment delivered by the Principal Special Court for Exclusive Trial of cases under POCSO Act, Madurai in Special S.C.No.67 of 2018 vide judgment dated 25.04.2022 and set aside the same and consequently acquit the appellant.

Order : This Criminal Miscellaneous Petition coming up for orders on this day, upon 1/3

perusing the petition filed in support thereof and upon hearing the arguments of M/S.R.ANAND, 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.] Seeking to suspend the sentence imposed on the petitioner by the learned Principal Special Court for Exclusive Trial of Cases under POCSO Act, vide order dated 25.04.2022 in S.C.No.67 of 2018, he has filed this criminal miscellaneous petition.

2. Heard the learned counsel for the petitioner.

3. Heard the learned Additional Public Prosecutor for the respondent - Police.

4. This miscellaneous petition is of the year 2023. Having gone though the accompanying affidavit and the records, we find that this is not a fit case for grant of suspension of sentence to the petitioner at this stage.

5. Hence, this criminal miscellaneous petition is dismissed.

6. Post the criminal appeal in the second week of August, 2024 for final hearing. sd/- 18/07/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDGE, PRINCIPAL SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, MADURAI.

2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUMANGALAM, MADURAI DISTRICT.

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

ORDER IN in CRL A(MD) No.820 of 2022 Date :18/07/2024 RS/JGB/SAR-(02.08.2024) 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3