Devi v. State Rep By

' IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.06.2022 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Crl.M.P.No.7725 of 2022 in Crl.A.No.575 of 2022 Devi ... Petitioner/Appellant

Versus

The State represented by Inspector of Police, Chithode Police Station, Erode District.

Crime No. 914 of 2020 ... Respondent Prayer: Criminal Miscellaneous Petition filed under Section 389(1) read with 439 of the Code of Criminal Procedure to suspend the sentence imposed in judgment dated 20.05.2022 made in S.C.No.47 of 2021 on the file of the Sessions Judge, Mahalir Neethi Mandram (Fast Tract Mahila Court), Erode and enlarge the petitioner on bail.

For Petitioner : Mr. M.Guruprasad For Respondent : Mr.S.Vinoth Kumar Govt. Advocate (Crl. Side) 1/4

ORDER

This Criminal Miscellaneous Petition is filed to suspend the sentence imposed in judgment dated 20.05.2022 made in S.C.No.47 of 2021 on the file of the Sessions Judge, Mahalir Neethi Mandram (Fast Tract Mahila Court), Erode.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent.

3. Considering the nature of the offence and the fact that the trial Court suspended the sentence for a period of 30 days and the same is lapsing today and also considering the grounds raised in the appeal for the purpose of prima facie case, I am of the view that this is a fit case where the sentence can be suspended and grant bail on the following conditions:- (a) the petitioner is ordered to be released on bail, on his executing a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties each for a like sum to the satisfaction of the Trial Court; (b) the petitioner and the sureties shall affix their photographs and left 2/4

thumb impressions in the surety bonds and the learned Magistrate may obtain a copy of their Aadhar Cards or Bank Pass books to ensure their identities; (c) the petitioner shall appear before the Trial Court on the first working day of every English Calendar Month at 10.30 A.M until the disposal of the Criminal Appeal 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 of 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.

4. This Criminal Miscellaneous Petition is ordered accordingly. 20.06.2022 Index : yes/no Speaking order/Non-speaking order sma To

1. Inspector of Police, Chithode Police Station, Erode District.

2. The Public Prosecutor, Madras High Court.

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D.BHARATHA CHAKRAVARTHY. J., sma Crl.M.P.No.7725 of 2022 in Crl.A.No.575 of 2022 20.06.2022 4/4