Civil Miscellaneous Petition filed seeking suspension of life imprisonment imposed under POCSO Act. Court rejected contention due to gravity of allegations involving sexual abuse of minor, deeming it not a fit case for bail/suspension pending appeal.
Suspension of sentence and enlargement on bail denied; CID ordered to call records.
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
and
The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL MISCELLANEOUS PETITION No.6724 of 2021
IN CRL.A.No.338 of 2021
M.MANIBHARATHI [ APPELLANT / ACCUSED ]
Vs
STATE REP.BY [ RESPONDENT / COMPLAINANT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, NAGAPATTINAM, NAGAPATTINAM DISTRICT. IN CRIME NO.02 OF 2015.
Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Crl.A.No.338/2021 on the file of the High Court, the High Court will be pleased to suspend the sentence of imprisonment imposed in the Judgment dated 27.04.2021 made in S.C.No.114 of 2015 on the file of The Special Court under POCSO Act, Nagapattinam and enlarge the petitioner on bail pending disposal of the above Crl.A.No.338/2021.
Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.A.No.338/2021 on the file of the High Court and upon hearing the arguments of M/S.P.AYYASAMY, Advocate for the Appellant and of M/S.R.MUNIYAPPARAJ, Government 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 27.04.2021 passed in S.C.No.114 of 2015 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 during first week of November'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 SPECIAL COURT UNDER POCSO ACT, NAGAPATTINAM.
2 THE SUPERINTENDENT, CENTRAL JAIL, CUDDALORE.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, NAGAPATTINAM, NAGAPATTINAM DISTRICT.
5 THE SECTION OFFICER, CRIMINAL SECTION, HIGH COURT, MADRAS.
C.C. to M/S. P.AYYASAMY Advocate on payment of necessary charges
Order
in CRL MP.6724/2021
in CRL.A.338/2021
Date :29/07/2021
From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format cs 02/08/2021
1 issue framed by the court
Whether the petitioner is fit for suspension of sentence during pendency of appeal in a serious POCSO case.
1 provisions across 1 enactments
M. MANIBHARATHI
STATE
P. N. PRAKASH
R. PONGIAPPAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
