Saravana Prakash v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20-01-2025

CORAM

THE HONOURABLE MR JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA AND CRL A(MD) NO. 1105 of 2024 Saravana Prakash S/o. Vengidusami, Chellapandi Amman Temple North Street, Dindigul District. Now confined at Central Prison, Madurai as a Convict Prisoner.

Petitioner(s) Vs The State of Tamilnadu Rep. by The Inspector of Police, Dindigul West Town Police Station, Dindigul. Crime No. 122/2022.

Respondent(s) For Petitioner(s):

Mr.M.Jegadeesh Pandian, Advocate For Respondent(s):

Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor

ORDER

(Order of the Court was made by the Hon'ble G.r.swaminathan J.) Heard both sides.

2. The petitioner figured as the sole accused in Spl.S.C.No.177 of 2023 on the file 1/4

of the Special Court for POCSO Act Cases, Dindigul. He was found guilty only for the offence under Section 366 of IPC and sentenced to 3 years rigorous imprisonment with fine of Rs.5,000/-. Default sentence of six months simple imprisonment was also imposed. For the offence under Section 6 of Protection of Children from Sexual Offences Act, 2012, he was sentenced to life imprisonment with fine of Rs.1,00,000/-. Default sentence of one year simple imprisonment was also imposed. The petitioner is in incarceration since 25.10.2024.

3. We are satisfied that the petitioner has arguable case on merits in the main appeal. Since the appeal is not likely to be taken up in the near future, we are inclined to grant suspension of sentence.

4. Accordingly, this Criminal Miscellaneous Petition is ordered and the imprisonment ordered by the trial Court through the impugned judgment, dated 06.11.2024 is suspended subject to the following conditions:- i. The petitioner/ accused is directed to be enlarged on bail on executing a bond for Rs.25,000/- (Rupees twenty five thousand only), with two sureties, of whom, one should be a blood relative, each for a like sum to the satisfaction of the learned Special Court for POCSO Act Cases, Dindigul.

ii. The sureties shall affix their photographs and Left Thumb 2/4

Impression in the surety bond and the Court may obtain a copy of their Aadhar card or Bank passbook to ensure their identity. iii. The petitioner shall report before the learned Special Court for POCSO Act Cases, Dindigul, in the first working day of every English calendar month at 10.30 a.m., until further orders and if he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court.

sd/- 20/01/2025 / TRUE COPY / 21/01/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

IAS TO 1 THE JUDGE, SPECIAL COURT FOR POCSO ACT CASES, DINDIGUL.

2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

3 THE INSPECTOR OF POLICE, DINDIGUL WEST TOWN POLICE STATION, DINDIGUL.

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

+1 CC to M/s.M.JEGADEESH PANDIAN, Advocate ( SR-533[I] dated 20/01/2025 )

ORDER

IN CRL MP(MD) No.13616 of 2024 Date :20/01/2025 SA/SAR. /21.01.2025/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4