In a appeal against conviction under POCSO, the appellant sought suspension of sentence and bail pending appeal. The High Court, considering the nature of the offence, declined to exercise its discretionary power to grant relief and dismissed the petition.
The petition for suspension of sentence and grant of bail was dismissed.
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.
CRL MP(MD) No.5057 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Tuesday, the Twenty Secondday of October Two Thousand and Twenty Four
PRESENT
The Hon`ble Mr.Justice G.ILANGOVAN
CRL MP(MD) No.5057 of 2024 IN CRL A(MD) No.402 of 2024
KALIMUTHU
... PETITIONER/APPELLANT
Vs
THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, BODI, THENI DISTRICT. (CRIME NO.2/2021) ... RESPONDENT/RESPONDENT
Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to suspend the execution of sentence made by the Learned Session Judge, Special Court for Exclusive Trial of POCSO Act Cases, Theni in Spl.SC.No.177/2023 dated 27/12/2023, enlarge the petitioner on bail till the disposal of the Criminal Appeal.
PRAYER IN CRL A(MD) No.402 of 2024:
Pleased to admit this appeal and call for the records and consequently set aside the Judgement passed by the Learned Sessions Judge, Special Court for Exclusive Trial of POCSO Act Cases, Theni District in Spl.S.C.No.177 of 2023 dated 27.12.2023 by allowing this appeal.
Order : This Criminal Miscellaneous Petition coming up for orders on this day, https://www.mhc.tn.gov.in/judis
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CRL MP(MD) No.5057 of 2024
upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.NA.PALANIYANDI, 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:-
This Criminal Miscellaneous Petition is filed to suspend the sentence imposed on the petitioner by the learned Sessions Judge, Special Court for Exclusive Trial of cases under POCSO Act, 2012, Theni, in Spl.S.C.No.177 of 2023 dated 27.12.2023.
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CRL MP(MD) No.5057 of 2024
given by the defacto complainant, a case was registered. After completing the investigation final report was filed.
complaint has been given at the instance of her parents. No substantial defence was https://www.mhc.tn.gov.in/judis
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CRL MP(MD) No.5057 of 2024
brought on record by the accused.
been committed, this Court is not inclined to grant relief to the petitioner, exercising the discretionary power of this Court.
sd/22/10/2024
/ TRUE COPY /
/11/2024
Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
PNN
To
1 THE SESSIONS JUDGE, SPECIAL COURT FOR EXCLUSIVE TRIAL OF POCSO ACT CASES, THENI.
3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, BODI, THENI DISTRICT.
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CRL MP(MD) No.5057 of 2024
+1 CC to M/s.NA.PALANIYANDI, Advocate ( SR-12904[I] dated 22/10/2024 )
ORDER IN CRL MP(MD) No.5057 of 2024 IN CRL A(MD) No.402 of 2024 Date :22/10/2024
ED/ MMS /SAR- (04/11/2024) 5P / 6C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
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3 issues framed by the court
Whether the High Court should suspend the execution of the sentence and enlarge the appellant on bail pending the disposal of the criminal appeal.
Whether the allegations of lack of motive against the witnesses warrant granting bail.
What the legal position was regarding the offence of sexual abuse of a child under Section 6 POCSO Act.
2 provisions across 2 enactments
KALIMUTHU
THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, BODI, THENI DISTRICT
G. ILANGOVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
