Murugesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04-03-2025

CORAM

THE HONOURABLE MR JUSTICE B.PUGALENDHI CRL MP(MD) No. 17551 of 2023 in CRL A(MD)No.299 of 2023 Murugesan Petitioner(s) Vs The State of Tamilnadu The Inspector of Police, All Women Police Station, Ottanchathiram, Dindigul District. Crime No.15/2015. Respondent(s) For Petitioner(s):

K.Jayaseelan For Respondent(s):

A.S.Abul Khalam Azad Government Advocate (Crl. Side)

ORDER

The petitioner is an accused in Crime No.15 of 2015 on the file of the respondent Police. He was tried in Spl.SC.No.32 of 2016 before the Fast Track Mahila Court, Dindigul. By judgment dated 28.10.2022, he was found guilty, convicted and sentenced for the offence u/s.506(i) IPC and Section 6 of the POCSO Act. As against the conviction and sentence, the petitioner has filed Crl.A(MD)No.299 of 2023. 1/3

Pending the appeal, the petitioner has filed Crl.MP(MD)No.6004 of 2023 seeking suspension of sentence. This Court, by order dated 20.06.2023, dismissed the application. This is the second application filed by the petitioner seeking suspension of sentence.

2.When this application is taken up for hearing today, learned Counsel for the petitioner sought time.

3.Perusal of the order sheet reveals that this application was filed on 11.12.2023 and came up for hearing on 23.02.2024. On the said date, at the request of the petitioner's Counsel, the matter was adjourned. Even today, the petitioner's Counsel sought for an adjournment.

4.Since the petitioner is not interested in prosecuting this application, this Court has perused the earlier order of dismissal dated 20.06.2023 and the materials placed on record. This Court is of the view that the petitioner is not entitled for suspending the sentence and moreover, there is no change in circumstances. 2/3

5.As the petitioner is in jail and the typedset of papers has also been prepared, Registry is directed to list this appeal for final disposal on 09.04.2025. sd/- 04/03/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

gk To 1 THE JUDGE, FAST TRACK MAHILA COURT, DINDIGUL, DINDIGUL DISTRICT.

2. The Inspector of Police, All Women Police Station, Ottanchathiram, Dindigul District.

3 The Superintendent, Central Prison, Madurai. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL MP(MD) No. 17551 of 2023 in CRL A(MD)No.299 of 2023 Date :04/03/2025 MK/VR/SAR /24.03.2025 3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3