Lakshmi, v. State Rep. By Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Thirteenth day of August Two Thousand Nineteen PRESENT The Hon`ble Mr Justice P. N. PRAKASH CRIMINAL MISCELLANEOUS PETITION No.6600 of 2019 IN CRL A.532/2018 LAKSHMI, [ PETITIONER ] Vs STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE, T-9, PATTABIRAM POLICE STATION, CHENNAI.
(CRIME NO.335/2014).
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to (i) To suspend the sentence imposed in C.C.No.33/2015 dated 10.07.2018 on the file of the Principal Special Judge, under NDPS Act at Chennai by enlarging the Petitioner on bail pending disposal of C.A.No.532/2018.
Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.T.MURUGANANTHAM, Advocate for the petitioner, and of MR.G.RAMAR GOVERNMENT ADVOCATE [Crl.side] on behalf of the Respondent, the court made the following order:- The petitioner has been convicted by the Special Court for NDPS Act Cases, Chennai in C.C.No.33 of 2015 on 10.07.2018 of the offences under Section 8(c) r/w Section 20(b)(ii)(B) of NDPS Act for the possession of 1.350 kilograms of ganja and has been sentenced to undergo five months rigorous imprisonment and fine of Rs.50,000/- in default to undergo one year rigorous imprisonment. Challenging the conviction and sentence, the petitioner has filed the present appeal and seeking suspension of sentence and bail. 2.Heard Mr.T.Muruganantham, learned counsel for the petitioner and Mr.G.Ramar, learned Government Advocate (Crl. Side) appearing for the respondent State.
3.Mr.T.Muruganantham, learned counsel for the petitioner submitted that the petitioner is suffering from mental illness and is taking treatment in the Institute of Mental Health, Ayanavaram and that she has been produced there, from prison, from time to time.
4.Taking into consideration the fact that the petitioner is in incarceration from 10.07.2018 and that she is suffering from mental illness, the relief of suspension of sentence and bail are granted on the following conditions :
i. the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, of whom, one should be a blood relative, each for a like sum to thesatisfaction of the learned Principal Special Judge for NDPS Act Cases, Chennai;
ii.the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or Bank pass Book to ensure their identity; and iii.the petitioner shall appear before the trial Court at 10.30 a.m. on the first working day of every month until the disposal of the revision petition and if she is not able to appear before the trial Court on any day, she shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the trial Court on any other day in lieu of the date of her absence, as directed by the trial Court.
It is made clear that if the petitioner gets involved in any such offence, it is open to the prosecution to file an application for cancellation of this order.
-sd/- 13/08/2019 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 PRINCIPAL SPECIAL JUDGE FOR NDPS ACT CASES, CHENNAI.
2 THE INSPECTOR OF POLICE, T-9, PATTABIRAM POLICE STATION, CHENNAI.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE SUPERINTENDENT, CENTRAL PRISON, (WOMEN) PUZHAL, CHENNAI.
+1 C.C. to M/S.T.MURUGANANTHAM Advocate on payment of necessary charges SR.NO.16874 Order in CRL MP.6600/2019 in CRL A.532/2018 Date :13/08/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-21/08/2019