52B. Power to release certain offenders on probation of good conduct.
(1)Notwithstanding anything contained in the [Code of Criminal Procedure, 1973 (Central Act 2 of 1974)] [Substituted 'Code of Criminal Procedure, 1898' by Tamil Nadu Act No. 9 of 1979.] [***] [Omitted '(Central Act V of 1898)' by Tamil Nadu Act No. 9 of 1979.], [or the Probation of Offenders Act, 1958 (Central Act 20 of 1958)] [Substituted 'or the Madras Probation of Offenders Act, 1936, (Madras Act III of 1937)' by Tamil Nadu Act No. 9 of 1979.] when any person is found guilty of -(a)any offence punishable under [section 6] [Substituted 'section 4-A, 6, 11 or 24' by Tamil Nadu Act No. 9 of 1979.], or(b)the commission, attempt to commit, [*] [Omitted 'or' by Tamil Nadu Act No. 9 of 1979.] abetment of the commission of, any of the acts making up any such offence as is referred to in clause (a), when such commission, attempt [*] [Omitted 'or' by Tamil Nadu Act No. 9 of 1979.] abetment is punishable under section 12, [***] [Omitted 'or' by Tamil Nadu Act No. 9 of 1979.](c)[***] [Omitted 'any breach of any of the conditions subject to which the exemption under section 16 or 17-A is notified' by Tamil Nadu Act No. 9 of 1979.] no previous conviction for any offence tinder this Act is proved against him, the Court by which he is found guilty may, instead of sentencing him at once to any punishment release him on his entering into a bond, with at least one surety to appear and receive sentence when called upon at any time during such period not exceeding five years as the Court may direct and in the meantime to abstain from committing any offence under this Act:Provided that the Court shall not direct the release of an offender under this section, unless it is satisfied that the offender or his surety or one of his sureties has a fixed place of abode or regular occupation in the place for which the Court acts or in which the offender is likely to live during the period named for the observance of the conditions.(2)Where the offender referred to in subsection (1) is under twenty-four years of age, the Court may make a supervision order directing that such offender shall be under the supervision of such probation officer appointed under the [or the Probation of Offenders Act, 1958 (Central Act 20 of 1958)] [Substituted 'or the Madras Probation of Offenders Act, 1936, (Madras Act III of 1937)' by Tamil Nadu Act No. 9 of 1979.], as may be named in the order during the period specified therein and imposing such other conditions for securing such supervision as may be specified in the order:Provided that the period so specified shall not extend beyond the date on which, in the opinion of the Court, the offender will attain the age of twenty five years.(3)A Court making a supervision order under sub-section (2) shall require the offender, before he is released to enter into a bond, with at least one surety, to observe the conditions specified in such order and such additional conditions with respect to residence, abstention from intoxicants and any other matters as the Court may, having regard to the particular circumstances of the case, consider fit to impose for preventing a commission of any offence under this Act by the offender.(4)A Court making a supervision order Shall furnish to the offender and the surety or sureties a notice in writing stating in simple terms the conditions of the bond.(5)An order under this section may be made by any Appellate Court or by the High Court when exercising its powers of revision.
