Allowed

Venkatesan v. Inspector of police

Madras HC12 Jun 2024CRL MP/4458/2024

Case brief

AI extract

What is this about?

Convicted under POCSO Act Section 6 and sentenced to five years' imprisonment, the petitioner sought suspension of sentence pending appeal. The court found arguable points in the appeal and suspended the substantive sentence, releasing him on bail on bond and monthly reporting conditions.

What did the court decide?

Substantive sentence suspended; petitioner enlarged on bail on Rs.10,000 bond with two sureties and monthly appearance before trial court pending appeal.

Venkatesan Vs Inspector of police — Child Sexual Offences (POCSO) | Madras HC (2024)

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Crl.MP.No.4458 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.06.2024

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CORAM:

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THE HON'BLE MR.JUSTICE M.DHANDAPANI

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Crl.MP.No.4458 of 2024 in Crl.A.No.300 of 2024

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Venkatesan ...Petitioner

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Vs.

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State by: Inspector of Police W-22, All Women Police Station, Mylapore, Chennai – 600 004. ...Respondent Criminal Miscellaneous Petition filed under Section 389(1) & (2) of Cr.P.C. to suspend the execution of the sentence passed by the Special Court under POCSO Act at Chennai in S.C.No.178 of 2022 dated 29.01.2024 and release the petitioner on bail, pending disposal of the above appeal.

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For Petitioner : M/s.R.Bernatsha For Respondent : Mrs.G.V.Kasthuri, Addl. Public Prosecutor

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O R D E R

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

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Crl.MP.No.4458 of 2024

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This Criminal Miscellaneous petition has been filed seeking to suspend the sentence of imprisonment imposed in S.C.No.178 of 2022 dated 29.01.2024 on the file of the Special Court under POCSO Act at Chennai and enlarge the petitioner on bail.

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The petitioner/appellant was convicted for the offence under Section 6 of POCSO Act and was sentenced to undergo 5 years of imprisonment and was ordered to pay a fine of Rs.10,000/- and in default of payment of fine, to undergo simple imprisonment for another one month, vide order dated 29.01.2024 made in SC.No.178 of 2022. Aggrieved by the same, the above appeal has been filed along with this petition seeking suspension of sentence.

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Learned counsel for the petitioner submitted that, there are lot of material contradictions in the evidence of the prosecution and the prosecution evidence is also highly unbelievable and petitioner is now confined in Central Prison, Puzhal for about six months.

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Having regard to the fact that there are arguable points involved in

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

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Crl.MP.No.4458 of 2024

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the appeal and further, the appeal is not likely to be taken up for final hearing in the near future and also considering the period of incarceration, I am of the considered opinion that the petitioner is entitled for the relief of suspension of sentence.

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Accordingly, the substantive sentence of imprisonment alone is

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suspended 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), with two sureties each for a like sum to the satisfaction of the Special Court under POCSO Act at Chennai and on further condition that the petitioner shall appear before the trial Court at 10.30 a.m. on the first working day of every English Calendar month, pending appeal.

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This criminal miscellaneous petition is ordered accordingly.

12.06.2024

skt

M.DHANDAPANI, J.

skt

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

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Crl.MP.No.4458 of 2024

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The Special Court under POCSO Act at Chennai.

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The Inspector of Police W-22, All Women Police Station, Mylapore, Chennai – 600 004.

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The Public Prosecutor, High Court of Madras.

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The Central Prison, Puzhal.

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Crl.MP.No.4458 of 2024 in Crl.A.No.300 of 2024

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12.06.2024

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

Venkatesan v. Inspector of police

Case brief

What is this about?

What did the court decide?

Venkatesan v. Inspector of police

Case brief

What is this about?

What did the court decide?

What the court decided

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