Praveen Kumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Ninth day of November Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.ILANGOVAN IN CRL A(MD) No.814 of 2022 PRAVEEN KUMAR ... APPELLANT/ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, ALANGULAM, TIRUNELVELI DISTRICT.
CRIME NO.13 OF 2018.
... RESPONDENT/COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Suspend the Sentence imposed against the Petitioner in Spl.SC.No.224 of 2019 dt.21.06.2022 before the Learned Sessions Judge for Exclusive Trial of POCSO Act, Tirunelvelli and enlarge the Petitioner on bail pending disposal of the Criminal Appeal. PRAYER IN CRL.A(MD).814/2022:
Pleased to call for the records in Spl.S.C.No.224/2019 before the Learned Sessions Judge, Special Court for Exclusive Trial of POCSO Act, Tirunelveli and to set aside the judgment of the conviction on the appellant/accused.
Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.SORIMUTHU V, Advocate for the petitioner and of Mr.RMS.SETHURAMAN, Additional Public Prosecutor on behalf of the Respondent, While admitting the CRL.A., the court made the following order:- This petition is filed to suspend the sentence imposed against the petitioner, by Judgment, dated 21.06.2022, passed by the Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, 2012, Tirunelveli in Spl.S.C.No.224 of 2019. 1/3
2.The learned counsel appearing for the petitioner submitted that the petitioner has been convicted and sentenced by the trial Court, to undergo Rigorous Imprisonment, for a period of twenty years and to pay a fine of Rs.5,000/- for the offence under Section 4 of POCSO Act.
3.Challenging the above said conviction and sentence, the petitioner has preferred this present Appeal before this Court along with the instant miscellaneous petition seeking suspension of sentence and bail.
4.The learned counsel for the petitioner would submit that during the pendency of trial, the petitioner married the victim and a male child was born to her on 03.03.2022. The petitioner is in custody from the date of Judgment.
5.In view of the above said development, the relief of suspension of sentence and bail is granted to the petitioner on the following conditions:- (i)The petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, of whom, one should be a blood relative, each for a like sum to the satisfaction of the Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, 2012, Tirunelveli.
(ii)The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; and (iii)The petitioner shall appear before the respondent police daily at 10.30 a.m, until further orders. sd/- 29/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE SESSIONS JUDGE SPECIAL COURT FOR EXCLUSIVE TRIAL OF POCSO ACT 2012, TIRUNELVELI.
2 THE SUPERINTENDENT, CENTRAL JAIL, PALAYAMKOTTAI.
2/3
3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, ALANGULAM, TIRUNELVELI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 cc to Mr.V.SORIMUTHU, Advocate, SR.No.14142 (I) Date:01/12/2022
ORDER
IN IN CRL A(MD) No.814 of 2022 Date :29/11/2022 PNM SA/SSS/SAR. /30.11.2022/3P/6C 3/3