Muthukumar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19-02-2025

CORAM

THE HONOURABLE MR JUSTICE B.PUGALENDHI CRL MP(MD) NO. 12832 of 2024 in Crl.A.(MD).No.715 of 2022 Muthukumar S/o. Nagaraj, North Street, Kalathu Veedu, Keelanachikulam, Vadipatti Taluk, Madurai District.

(Now confined at Central Prison, Madurai). .... Petitioner/Appellant/Sole Accused Vs The state of Tamil Nadu Rep by The Inspector of police, Sholavandan Police station, Madurai District.

Crime No. 515 of 2017 .... Respondent /Respondent For Petitioner : Mr.G.Karuppasamypandiyan, Advocate For Respondent : Mr.P.Kottaichamy, Government Advocate (CrlSide) 1/4

ORDER

The petitioner has been convicted under Sections 9 r/w 10 of the Protection of Children From Sexual Offences Act, 2012 (two counts) and sentenced to undergo 5 years of rigorous imprisonment for each count and to a pay fine of Rs.10,000/- with default class. Challenging the same, the petitioner has filed criminal appeal in CrlA(MD)No.715 of 2022. He has also filed application to suspend the sentence pending the appeal. The earlier applications filed by the petitioner to suspend the sentence were dismissed by this Court. Now the present application has been filed to suspend the sentence pending disposal of the criminal appeal.

2. Heard the learned Counsel on either side and perused the materials placed on record.

3.This Court considered the case of the petitioner in the earlier applications to suspend the sentence in detail and dismissed the same. There is no change in circumstance from the dismissal of the earlier application. Therefore this Court is not inclined to entertain this application. Accordingly, this application is dismissed. 2/4

4.The learned Counsel for the petitioner submits that the typed set of papers is made ready and the petitioner has completed half of the sentence and therefore, he insisted to take up the appeal for final disposal. 5.Since this Court has dismissed the applications filed to suspend the sentence, post the main appeal for final disposal on 05.03.2025. Sd/- 19.02.2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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

2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE, SHOLAVANDAN POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL MP(MD) No.12832 of 2024 IN CRL A(MD) No.715 of 2022 Date :19/02/2025 ES/VR/SAR /04.03.2025/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

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