Maina @ Mainavathy @ Thaila @ Thailammal v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Sixth day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice P. N. PRAKASH and The Hon`ble Mrs Justice R. HEMALATHA CRIMINAL MISCELLANEOUS PETITION No.12389 of 2021 IN CRL.A.No.187 of 2021 MAINA @ MAINAVATHY @ THAILA [ PETITIONER / APPELLANT ] @ THAILAMMAL Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ATTIYAMPATTY POLICE STATION, SALEM DISTRICT.

CRIME NO.105 OF 2018.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to modify the condition (i) The petitioner (A1) shall execute a bond for a sum of Rs.25,000/- with two sureties of whom one should be a blood relative each for like sum to the satisfaction of the sessions Judge, Mahila Court, Salem in Crl.M.P.No.10152 of 2021 in Crl.A.No.187 of 2021 order dated 29.10.2021.

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.W.CAMYLES GANDHI, Advocate for the Petitioner and of M/S.R.MUNIYAPPARAJ, ADDITIONAL PUBLIC PROSECUTOR on behalf of the Respondent the court made the following order:- (Made by P.N.PRAKASH,J.) This petition has been filed to modify the bail condition imposed by this Court vide order dated 29.10.2021 passed in Crl.M.P.No.10152 of 2021 in Crl.A.No.187 of 2021.

2.

This Court, by order dated 29.10.2021 in Crl.M.P.No.10152 of 2021 in Crl.A.No.187 of 2021, granted suspension of sentence and bail to the petitioner on certain conditions, one of which is that, "8.(i) The petitioner (A1) shall execute a bond for a sum of Rs.25,000/- with two sureties, of whom, one should be a blood relative, each for a like sum to the satisfaction of the Sessions Judge, Mahila Court, Salem." 3.

The learned counsel for the petitioner submitted that since the allegation against the petitioner is that she has committed the murder of her own children, no blood relative of the petitioner is willing to come forward to stand as surety.

4.

The fact remains that the petitioner was granted suspension of sentence and bail on 29.10.2021 and till date, she has not been able to avail the benefits of the order.

5.

In such view of the matter, this criminal miscellaneous petition stands allowed and the aforesaid condition is modified as follows:

"8.(i) The petitioner shall execute a bond for a sum of Rs.10,000/- with two local sureties, each for a like sum to the satisfaction of the Sessions Court, Mahila Court, Salem." The rest of the conditions imposed by this Court in order dated 29.10.2021 passed in Crl.M.P.No.10152 of 2021 in Crl.A.No.187 of 2021 shall remain the same.

-sd/- 26/11/2021 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 SESSIONS JUDGE, MAHILA COURT, SALEM.

2 THE INSPECTOR OF POLICE, ATTIYAMPATTY POLICE STATION, SALEM DISTRICT.

3 THE SUPERINTENDENT OF PRISON, CENTRAL PRISON,(SPECIAL FOR WOMEN), COIMBATORE.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 C.C. to M/S.W.CAMYLES GANDHI Advocate on payment of necessary charges SR.NO.13566 Order in CRL MP.12389/2021 in CRL A.187/2021 Date :26/11/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format JPA 29/11/2021