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Madras High CourtCRL MP/9062/2016allowed

Radhakrishnan, Age 48 Years, v. State Rep. By The Inspector Of

2016-08-26Honourable Mr Justice V. Bharathidasan,Honourable Mr Justice S. Nagamuthu2 pages

Crl.M.P.No.9062/16 in Crl.A.No.654/16 S.NAGAMUTHU, J.

AND V.BHARATHIDASAN, J.

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner in Crl.M.P.No.9062 of 2016 is the second accused in S.C.No.88 of 2014 on the file of the Principal District and Sessions Judge, Nagapattinam. The first accused/Mr.RadhaKrishnan is her husband and Mr.RadhaKrishnan stands convicted for offences under Sections 294(b) & 302 IPC whereas the petitioner stands convicted only for offence under Section 294(b) IPC and sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs.2,000/-, in default, to undergo rigorous imprisonment for one month. She has paid the fine amount. Challenging the said conviction and sentence, the appellant has come up with this appeal. Pending appeal, she seeks suspension of sentence.

2. We have heard the learned counsel for the petitioner/appellant, the learned Government Advocate (criminal side) appearing for the State and also perused the materials on record.

3. It is brought to our notice that the trial Court has suspended S.NAGAMUTHU, J.

AND V.BHARATHIDASAN, J.

kua the substantive sentence of imprisonment for 30 days.

4. The offence for which he has been convicted is bailable. Thus, the petitioner is entitled for suspension of sentence by this Court, pending appeal.

5. Accordingly, the substantive sentence of imprisonment alone is suspended and the petitioner is directed to be enlarged on bail on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- [Rupees Ten Thousand only] with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.2, Mayiladuthurai and on further condition that the petitioner shall report before the Committal Court on the first working day at 10.30 a.m. of every English Calendar month, until further orders. kua [S.N.,J.] [V.B.D.J.,] 26.08.2016 2/2 Crl.M.P.No.9062/16 in Crl.A.No.654/16