Jayageetha v. Ashok M.Nayak

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.05.2020

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH Crl.M.P.Nos.4029, 4027 & 4031 of 2020 in Crl.R.C.Nos.503 to 505 of 2020 Jayageetha ..

Petitioner in all cases Vs.

Ashok M.Nayak ..

Respondent in all cases Common Prayer: Criminal Miscellaneous Petitions filed under Section 397 of Criminal Procedure Code, praying to suspend the conviction and sentence imposed on the petitioner in C.A.Nos.164 to 166 of 2016 dated 31.07.2018 on the file of the learned IV Additional District and Sessions Judge, Coimbatore confirming the order passed in C.C.Nos.539, 590 & 595 of 2013 respectively dated 11.02.2016 on the file of the learned Judicial Magistrate/FTC-I at Magisterial Level, Coimbatore, Coimbatore District pending disposal of the above revisions and enlarge her on bail.

For Petitioner :

Mr.C.Prakasam

O R D E R

These petitions have been filed seeking to suspend the conviction and sentence imposed on the petitioner in C.A.Nos.164 to 166 of 2016 dated 31.07.2018 on the file of the learned IV Additional District and Sessions Judge, Coimbatore, confirming the order passed in C.C.Nos.539, 590 & 595 of 2013 respectively dated 11.02.2016 on the file of the learned Judicial Magistrate/FTC-I at Magisterial Level, Coimbatore, Coimbatore District, pending disposal of the above revisions and to enlarge the petitioner on bail.

2. Heard Mr.C.Prakasam, learned counsel for the petitioner.

3. It is stated by the learned counsel for the petitioner that during cross examination, the respondent herein had admitted that he had received a sum of Rs.12 lakhs out of the total cheque amount of Rs.17 lakhs. It is also stated that the petitioner herein is right now under parole, which expires on the second week of June 2020. The learned counsel for the petitioner has raised a ground to the effect that the evidences before the trial Court reveals that the impugned cheques were filled by the de-facto complainant and that the petitioner had issued the cheques only for security purpose. All these aspects requires further deliberations. In view of the same, the substantive sentence of imprisonment alone is suspended and the https://hcservices.ecourts.gov.in/hcservices/

petitioner is directed to be released on bail on executing a personal bond for a sum of Rs.10,000/- (in each cases) to the satisfaction of the Superintendent, Central Prison, Coimbatore, if her detention is not required in any other cases. The petitioner shall not indulge in any of the criminal activities on her release on bail and in case, if any violation is found, it is always open to the respondent to approach this Court for cancellation of bail. The petitioner is at liberty to produce a Web-copy of this order to the Superintendent of Prison concerned where the petitioner is now detained for the execution of this order. This petition is disposed of accordingly.

4. Registry is directed to list the main revision on 15.06.2020. -sd/- 29/05/2020 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 IV ADDITIONAL DISTRICT AND SESSIONS JUDGE,COIMBATORE 2 THE JUDICIAL MAGISTRATE, FTC-I AT MAGISTERIAL LEVEL,COIMBATORE, COIMBATORE DISTRICT 3 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE[FOR INFORMATION] 4 THE SUPERINTENDENT, CENTRAL PRISON,COIMBATORE C.C. to Mr.C.Prakasam Advocate on payment of necessary charges Order in CRL MP.4029,4027 & 4031/2020 in CRL.RC.NOS.503 TO 505 OF 2020 Date :29/05/2020 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RD 28/05/2020 https://hcservices.ecourts.gov.in/hcservices/