Madras High CourtCRL MP(MD)/16838/2023withdrawn dismissed

Selvaprabu v. The Deputy Superintendent Of Police

2025-03-21Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2025

CORAM

THE HONOURABLE MR JUSTICE B.PUGALENDHI in Crl.A.(MD)No.423 of 2023 Selvaprabu Male, S/o.Narayanan, D.No.67, Bharathidasan Street, Sivagami Nagar, Aathikulam, Madurai.

Petitioner(s) versus State Rep. By The Assistant Commissioner of Police, Anti Dowry Cell, Tallakulam AWPS, Madurai.

Respondent(s) For Petitioner(s):

Mr.S.S.Sundarapandian Advocate For Respondent(s):

Mr.T.Senthil Kumar, Additional Public Prosecutor

ORDER

This petition is filed to suspend the sentence imposed on the petitioner/accused, by Judgment dated 02.03.2023, made in Spl.S.C.No.57 of 2017 on 1/3

the file of the Principal Special Court for Exclusive Trial of cases under POCSO Act, Madurai.

2. Today, when this petition is taken up for hearing, it is represented that the learned counsel on record for the petitioner has now been appointed as Government Advocate and therefore, the learned counsel Mr.S.S.Sundarapandian requests for a short accommodation to proceed with the appeal.

3. The learned Additional Public Prosecutor submits that this is the second petition. This Court has already considered the earlier petition filed by the petitioner in Crl.M.P.(MD)No.7747 of 2023 in Crl.A.(MD)No.423 of 2023 elaborately and dismissed the same, by its order dated 04.07.2023. Therefore, there is no change in circumstances to consider this petition.

4. This Court has perused the victim's statement recorded under Section 164 Cr.P.C. and the evidence of the victim child and also the earlier order of this Court passed in Crl.M.P.(MD)No.7747 of 2023.

5. Considering the age of the victim child and the manner in which the victim child was subjected to sexual assault, this Court is not inclined to grant suspension of sentence.

6. At this juncture, Mr.S.S.Sundarapandian, learned counsel for the petitioner seeks permission of this Court to withdarw this petition. 2/3

7. In view of the endorsement made by the learned counsel appearing for the petitioner, this Criminal Original Petition is dismissed as withdrawn. sd/- 21/03/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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

2 THE ASSISTANT COMMISSIONER OF POLICE, ANTI DOWRY CELL, TALLAKULAM AWPS, MADURAI.

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

ORDER IN in Crl.A.(MD)No.423 of 2023 Date :21/03/2025 SA/SAR. /07.04.2025/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3