This order dismissed a Criminal Miscellaneous Petition seeking suspension of a sentence imposed under the POCSO Act for sexual abuse of children. The Court held that given the gravity of the allegations, it was not a fit case to grant bail or suspend the sentence.
Suspension of sentence and bail pending disposal of the appeal were denied.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Thursday, the Twenty Ninth day of July Two Thousand Twenty One
PRESENT
The Hon`ble Mr Justice P. N. PRAKASH
The Hon`ble Mr Justice R. PONGIAPPAN
CRIMINAL MISCELLANEOUS PETITION No.4274 of 2021
in
Crl.A.No.147 of 2021
B.MOOVENTHAN [ PETITIONER ]
Vs
STATE OF TAMILNADU REP.BY [ RESPONDENT ] INSPECTOR OF POLICE, SIRKAZHI POLICE STATION, NAGAPATTINAM DISTRICT.
Petition praying that in the circumstances stated therein the High Court will be pleased to suspend the execution of the sentence dated 22.10.2020 passed in S.C.No.123/2014 against the petitioner/appellant/accused by the on the file Sessions Judge, Special court under POCSO Act, Nagapattinam and enlarge appellant on bail pending disposal of the above Crl.A.No.147 of 2021.
Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.S.SUNDAR, Advocate for the petitioner and of M/S R.MUNIYAPPARAJ,GOVT.ADVOCATE (CRL.SIDE) on behalf of the Respondent the court made the following order:-
[Order of the Court was made by P.N.PRAKASH, J]
This Criminal Miscellaneous Petition has been filed seeking suspension of sentence of imprisonment imposed on the petitioner vide judgment dated 22.10.2020 passed in S.C.No.123 of 2014 on the file of the Special Court under POCSO Act, Nagapattinam.
Registry is directed to call for records, prepare typed set of papers and list the main appeal on 08.09.2021.
-sd/-
29/07/2021
This order, on being produced, be punctually observed and carried into execution by all concerned
TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO
1 THE SESSIONS JUDGE, SPECIAL COURT UNDER POCSO ACT, NAGAPATTINAM
2 THE SPECIAL COURT UNDER POCSO ACT, NAGAPATTINAM
3 INSPECTOR OF POLICE, SIRKAZHI POLICE STATION, NAGAPATTINAM DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE
6 THE SECTION OFFICER, CRIMINAL SECTION, HIGH COURT, MADRAS.
C.C. to M/S.S.SUNDAR Advocate on payment of necessary charges
Order in CRL MP.4274/2021 in Crl.A.No.147 of 2021 Date :29/07/2021
From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RVR 02/08/2021
3 issues framed by the court
Whether the impugned sentence in a POCSO case involving sexual abuse of children is a fit case for suspension of sentence.
Whether bail should be granted pending disposal of the main appeal.
Whether the Criminal Miscellaneous Petition seeking suspension of sentence should be allowed.
1 provisions across 1 enactments
B.MOOVENTHAN
STATE OF TAMILNADU
P. N. PRAKASH
R. PONGIAPPAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
