Velusamy v. The Inspector Of Police

CRL MP(MD) No.15626 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifteenth day of December Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL MP(MD) No.15626 of 2022 IN CRL A(MD) No.859 of 2022 VELUSAMY ... APPELLANT/PETITIONER Vs THE STATE REP. BY, THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PALANI, DINDIGUL DISTRICT.

(CRIME NO.10/2020) ... RESPONDENT/RESPONDENT 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 in Spl.SC.No.46/2020 dated 25.11.2022 on the file of Sessions Judge, Fast Track Mahila Court, Dindigul, enlarge the Petitioner on Bail, pending disposal of this Criminal Appeal.

PRAYER IN CRL A(MD) No.859 of 2022 :

Pleased to call for the records and to set aside the judgment of conviction dated 25.11.2022 made in Spl.S.C.No.46 of 2020 on the file of Learned Sessions Fast Track Mahila Court, Dindigul. 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.HEROLD SINGH.S.C, Advocate for the petitioner and of MR.B.NAMBISELVAN, Additional Public Prosecutor on behalf of the Respondent, while admitting the Criminal Appeal, the court made the following order:- This petition is filed to suspend the sentence passed in Spl.S.C.No.46 of 2020 dated 25.11.2022, by the learned Sessions Judge, Fast Track Mahila Court, Dindigul, pending disposal of the Criminal Revision.

2.Challenging the conviction and sentence, the petitioner has preferred the present Criminal Revision Case along with the instant miscellaneous petition seeking suspension of sentence. 3.The learned counsel appearing for the petitioner submitted that the revision case is preferred on the ground that due to previous enmity only the present complaint has been registered https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.15626 of 2022 against the petitioner and the trial Court has acquitted the petitioner with regard to the charges under Section 323 and 506(i) of IPC and he is sentenced to undergo 3 years of R/I and imposed Rs.5,000/- as fine in default to undergo 3 years of S/I for the offences under Section 8 of POCSO Act.

4.In view of the above said submissions made by the revision petitioner, the sentence imposed on the petitioner is suspended, pending disposal of the Criminal Revision Case, with the following conditions:-

1. The petitioner shall deposit a sum of Rs.50,000/-, towards balance amount and also 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 learned Sessions Judge, Fast Track Mahila Court, Dindigul.

2. 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

3. The petitioner shall appear before the trial Court daily at 10.30 a.m until further orders.

sd/- 15/12/2022 / TRUE COPY / 15/12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE SESSIONS JUDGE, FAST TRACK MAHILA COURT, DINDIGUL.

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

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

ORDER IN CRL MP(MD) No.15626 of 2022 IN CRL A(MD) No.859 of 2022 Date :15/12/2022 indu USK/VR/SAR- /15.12.2022/2P/4C https://www.mhc.tn.gov.in/judis 2/2