Kanchana v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.06.2020

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.M.P.No.4070 of 2020 in Crl.R.C.No.514 of 2020 Kanchana .. Petitioner Vs State Represented by Inspector of Police DCB, Sulur P.S. Coimbatore District.

.. Respondent Criminal Miscellaneous Petition filed under Section 397 (I) of Cr.P.C., praying to suspend execution of the sentence and conviction of two years simple imprisonment in final order and Judgment of conviction for charge of Section 380 IPC dated 26th February 2020 in Crl.A.No.440 of 2017 passed by the V Addl. District and Sessions Judge, Coimbatore, whereby the Order of Conviction passed by the learned Judicial Magistrate, Sulur in C.C.No.115 of 2017 sentencing the accused for two years simple imprisonment with fine of Rs.5,000, in default 3 months SI pending disposal of this Revision.

For Petitioner : Mr.R.Baskar For Respondent : Mr.M.Mohammed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed to suspend the sentence imposed by the Court below, pending disposal of the Criminal Revision Petition.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondent.

3.Taking into consideration the facts and circumstances of the case and also of the fact that this Court will not be able to take up the Criminal Revision Petition for final hearing in the near future and a prima facie case has been made out, the sentence imposed by the Court below in C.C.No.115 of 2017 confirmed in Crl.A.No.440 of 2017 is suspended, pending disposal of the Criminal Revision Petition, subject to the following conditions: a) The Petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum to the satisfaction of the learned Judicial Magistrate, Sulur, failing which, the bail shall stand dismissed. b) the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

c) The Petitioner shall report before the respondent police every Monday at 10.30 a.m., until further orders. -sd/- 11/06/2020 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 V ADDITIONAL DISTRICT AND SESSIONS JUDGE, COIMBATORE.

THE JUDICIAL MAGISTRATE, SULUR.

3 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE [FOR INFORMATION] 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE INSPECTOR OF POLICE DCB, SULUR P.S. COIMBATORE DISTRICT

C.C. to M/S R.BASKAR Advocate on payment of necessary charges Order in CRL MP.4070/2020 in CRL RC.514/2020 Date :11/06/2020 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MK:17/07/2020 MK:31/07/2020