← Library
Madras High CourtCRL MP/8482/2021allowed

Sridevi v. State Rep.By

2021-09-02Honourable Mr Justice P. N. Prakash,Honourable Ms Justice R.N.Manjula3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Second day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice P. N. PRAKASH and The Hon`ble Ms Justice R.N. MANJULA CRIMINAL MISCELLANEOUS PETITION No.8482 of 2021 IN CRL.A.No.140 of 2021 SRIDEVI [ PETITIONER / APPELANT / ACCUSED ] Vs STATE REP.BY [ RESPONDENT / COMPLAINANT] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PERUR, COIMBATORE CITY.

CRIME.NO.16 of 2018 Petition praying that in the circumstances stated therein the High Court will be pleased to (i) Modify the condition imposed by this Hon'ble Court in Crl.M.P.No.3911/2021 in Crl.A.No.140/2021 dated 15.06.2021 as regular surety instead of one should be a blood relative, each of a like sum to the satisfaction of the Trial Court.

Order: This petition coming on for orders upon perusing the petition and upon hearing the arguments of MR. E. KANNADASAN, Advocate for M/S. D.DAYALAN, Advocate for the Petitioner and of MR. MUNIYAPPARAJ, Govt. Advocate ( Crl. Side) on behalf of the Respondent the court made the following order:- (Order of the Court was made by P.N.PRAKASH,J.) This petition has been filed to modify the condition of surety of blood relative imposed by this Court vide order dated 15.06.2021 passed in Crl.M.P.No.3911 of 2021 in Crl.A.No.140 of 2021. 2.

This Court, by order dated 15.06.2021 in Crl.M.P.No.3911 of 2021 in Crl.A.No.140 of 2021, granted suspension of sentence and bail to the petitioner on certain conditions, one of which is that, "10. (b) After the lockdown restrictions are lifted and normalcy is restored, the petitioner shall execute a bond for a sum of

Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties, of whom, one should be a blood relative, each for a like sum to the satisfaction of the learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore, failing which, the suspension of sentence and bail granted by this Court shall stand automatically dismissed. The bond shall be executed within a reasonable period of one month from the date the lockdown restrictions are lifted."

3.

This petition has been filed for modification of the aforesaid condition on the ground that no blood relative is willing to stand as surety for the petitioner.

4.

In view of the above, this criminal miscellaneous petition stands allowed and the aforesaid condition is modified as follows: "10. (b)The petitioner shall execute a bond for a sum of Rs.25,000/-, with a surety of respectable person, who has firm roots in society, for a like sum to the satisfaction of the Sessions Court, Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore, within two weeks from the date of receipt of a copy of this order. The trial Court shall test the bonafide of the surety and thereafter, accept the same."

The rest of the conditions imposed by this Court in order dated 15.06.2021 passed in Crl.M.P.No.3911 of 2021 in Crl.A.No.140 of 2021 shall remain the same.

-sd/- 02/09/2021 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 SESSION JUDGE, SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER THE POCSO ACT, COIMBATORE.

2 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PERUR, COIMBATORE CITY.

4 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

+1 C.C. to M/S. D.DAYALAN Advocate on payment of necessary charges SR.NO.9477 Order in CRL MP.8482/2021 in CRL.A.No.140/2021 Date :02/09/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format INBA 06/09/2021