Allowed

Senthurpandi v. The Inspector of Police

Madras HC18 May 2023CRL MP(MD)/3903/2023

Case brief

AI extract

What is this about?

The Madras High Court permitted a petition to suspend the sentence imposed by a Special Court under the POCSO Act, thereby enlarging the petitioner on bail pending the disposal of a pending criminal appeal, noting arguable points in the appeal.

What did the court decide?

Suspension of substantive sentence and enlargement of the petitioner on bail pending disposal of the criminal appeal.

Senthurpandi Vs The Inspector of Police — Child Sexual Offences (POCSO) | Madras HC (2023)

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CRL MP(MD) No.3903 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )

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Thursday, the Eighteenth day of May Two Thousand and Twenty Three

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PRESENT

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The Hon`ble Mrs.Justice T.V.THAMILSELVI

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CRL MP(MD) No.3903 of 2023 in CRL A(MD) No.177 of 2023

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SENTHURPANDI ... PETITIONER/APPELLANT/ACCUSED

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State Rep.by THE INSPECTOR OF POLICE KURUMBUR POLICE STATION, THOOTHUKUDI. CRIME NO.30/2013.

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... RESPONDENT/RESPONDENT/COMPLAINANT

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Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to suspend the sentence imposed on the petitioners by the Learned Special Court for Exclusive Trial Cases under POCSO Act, Thoothukudi in Spl.SC.No.27/2019 dt.8/2/2023 and enlarge the petitioner on bail pending disposal of the above Criminal Appeal.

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PRAYER IN CRL A(MD) No.177 of 2023 :

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To call for the record and set aside the Exclusive Trial Cases Under POCSO Act, Thoothukudi in Spl.SC.No.27 of 2019 dated 08.02.2023.

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Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.ILAYARAJA R, Advocate for the petitioner and of MR.M.SAKTHI KUMAR, Government Advocate (Crl.Side) on behalf of the Respondent, the court made the following order:-

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This Criminal Miscellaneous Petition is filed to suspend the sentence imposed by the learned Sessions Judge, (Special Court for POCSO Act Cases), Thoothukudi, dated 08.02.2023 in Spl.S.C.No.27 of 2019 and enlarge the petitioner on bail, pending disposal of the above said Criminal Appeal.

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2.The learned counsel for the petitioner submitted that the petitioner has been convicted by the learned trial judge, for the alleged offence under Section 8 of Protection of Children from Sexual Offences Act, 2012 and sentenced him to undergo three years https://www.mhc.tn.gov.in/judis rigorous imprisonment and to pay a fine of Rs.10,000/- in default to

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CRL MP(MD) No.3903 of 2023

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undergo 6 months simple imprisonment. Set off under Section 428 Cr.P.C. is also ordered.

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3.Having regard to the fact that there are arguable points involved in the appeal and further, the appeal is not likely to be taken up for final hearing in the near future and also considering the fact the petitioner are already enlarged on bail by the trial Court, the suspension of sentence petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the appeal and the petitioner is directed to be enlarged on bail on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Sessions Judge, (Special Court for POCSO Act Cases), Thoothukudi and on further condition that the petitioner shall appear before the said Court once in a week at 10.30 a.m. pending appeal.

sd/-

18/05/2023

/ TRUE COPY /

19/05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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1 THE SESSIONS JUDGE(SPECIAL COURT FOR POCSO ACT CASES), THOOTHUKUDI DISTRICT.

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2 THE INSPECTOR OF POLICE, KURUMBUR POLICE STATION, THOOTHUKUDI.

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3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

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

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+1 CC to M/s.ILAYARAJA R, Advocate ( SR-7617[I] dated 19/05/2023 )

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ORDER

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IN CRL MP(MD) No.3903 of 2023 in CRL A(MD) No.177 of 2023 Date :18/05/2023

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RS/CG/SAR-(18.05.2023) 2P 6C

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https://www.mhc.tn.gov.in/judis

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Senthurpandi v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Senthurpandi v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

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