Jokline v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourteenth day of November Two Thousand and Twenty Four PRESENT The HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN in Crl.A(MD)No.848 of 2022 JOKLINE ... APPELLANT/ACCUSED Vs THE INSPECTOR OF POLICE NITHIRAVILAI POLICE STATION.

CRIME NO.108 OF 2016.

... 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 execution of the sentence dated 28.10.2022 passed by Spl.S.C.No.7/2017, on the file of the learned Special Court for Exclusive Trial of Cases Under POCSO Act, Kannyakumari at Nagercoil.

PRAYER IN CRL.A(MD).848/2022:

Pleased to set aside the conviction and setence imposed in the Judgment dated 28.10.2022 made in Spl.S.C.No.7 of 2017, on the file of the learned Special Court For Exclusive Trial of Cases Under POCSO ACT, Kanyakumari at Nagercoil. Order : This petition coming up for orders on this day, upon perusing the petition 1/3

filed in support thereof and upon hearing the arguments of M/S.BASKARAN.V, Advocate for the petitioner and of MR.M.SAKTHI KUMAR, Government Advocate (Crl.side) on behalf of the Respondent, the court made the following order:- This petition has been filed to suspend the sentence imposed by the learned Special Court for exclusive trial of Cases under POCSO Act, Kannyakumari at Nagercoil, in Spl.S.C.No.7 of 2017, dated 28.10.2022. 2.The learned counsel for the petitioner would submit that this is the third suspension of sentence petition. Earlier petitions filed by the petitioner in Crl.MP (MD)No.15380 of 2022 and Crl.MP(MD)No.8986 of 2023 were dismissed by this Court, dated 03.01.2023 and 03.07.2023 respectively. 3.The learned Government Advocate (Crl. Side) would submit that there is no change of circumstance.

4.This is the third application and in this petition, there is no grounds differ from the earlier petitions' grounds. Hence, this Court does not find any merit to entertain this petition.

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5.Accordingly, this Criminal Miscellaneous Petition is dismissed. sd/- 14/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (CS-I / II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDGE, SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, KANYAKUMARI AT NAGERCOIL.

2.THE INSPECTOR OF POLICE NITHIRAVILAI POLICE STATION.

3.THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

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

ORDER

IN in Crl.A(MD)No.848 of 2022 Date :14/11/2024 RK/VR (23/11/2024) 3P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3