Zuria Ameen v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.08.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.15077 of 2025 in Crl.RC.No.1323 of 2025 Zuria Ameen

...Petitioner

Vs.

The State Rep. By:

The Inspector of Police, J-2, Adyar Traffic Investigation Wing, Adyar, Chennai 600 090 Crime No.74/AMI/2020 ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 438(1) of BNSS, praying to suspend the sentence made in judgment dated 13.06.2025 in Crl.Appeal No.209 of 2023 on the file of the learned XX Additional District and Sessions Judge and City Civil Judge at Allikulam, Chennai after confirmed order dated 24.03.2023 in CC.No.1905 of 2021 on the file of learned IV Metropolitan Magistrate, Saidapet, Chennai 600 015 pending disposal of the above criminal revision.

For Petitioner : Mr.Dalit Tiger C.Ponnusamy For Respondent : Mr.A.Gopinath, Government Advocate(crl.side) 1/6

ORDER

This Criminal Miscellaneous Petition has been filed praying to suspend the sentence made in judgment dated 13.06.2025 in Crl.Appeal No.209 of 2023 on the file of the learned XX Additional District and Sessions Judge and City Civil Judge at Allikulam, Chennai after confirmed order dated 24.03.2023 in CC.No.1905 of 2021 on the file of learned IV Metropolitan Magistrate, Saidapet, Chennai 600 015 pending disposal of the above criminal revision.

2. The petitioner is the accused in the complaint lodged by the respondent for the offence punishable under Sections 279, 304(A) IPC and under Sections 134 (a&b) r/w. 187 MV Act in C.C.No.1905 of 2021 on the file of the learned IV Metropolitan Magistrate, Saidapet, Chennai - 600 015. After full-fledged trial, the Trial Court convicted the petitioner and sentenced to undergo one month simple imprisonment and to pay a fine of Rs.1000/-, in default to undergo one week simple imprisonment for the offence under Section 279 IPC, to undergo six months simple imprisonment and to pay a fine a fine of Rs.9,000/-, in default to undergo one month simple imprisonment for the offence under Section 304(A) IPC, to undergo 2/6

one month simple imprisonment and to pay a fine of Rs.2,500/-, in default to undergo one week simple imprisonment for the offence under Section 134(a) r/w. 187 MV Act and to undergo one month simple imprisonment and to pay a fine of Rs.2,500/- in default to undergo one week simple imprisonment, for the offence under Section 134(b) r/w. 187 MV Act. Aggrieved by same, the petitioner preferred an appeal in Crl.A.No.209 of 2023 on the file of the XX Additional Sessions District Judge, City Civil Court, Allikulam, Chennai and the same was dismissed, confirming the sentence imposed by the Trial Court. Aggrieved by the same, the petitioner preferred revision before this Court along with this application to exempt her from surrendering before the Trial Court.

3.

The learned counsel for the petitioner/accused would submit that there are arguable points available in the Criminal Revision and the petitioner/accused has got a fair chance of succeeding in the Criminal Revision and hence, the substantive sentence imposed against the petitioner/accused may be suspended. He would submit that the petitioner is ready to abide the condition imposed by this Court. 3/6

4.

Per contra, the learned Government Advocate(crl.side) appearing for the respondent/State raised serious objection for allowing this petition. Further, he would contend that the evidences recorded from the prosecution witnesses would prove the case of the prosecution beyond reasonable doubt. According to him, interference of this Court is not necessary in the findings arrived at by the trial Court. 5.

Heard the learned counsel appearing on either side and also perused the materials placed on record.

6.

Considering the facts and circumstances of the case coupled with the quantum of punishment imposed upon the petitioner, also by considering the submissions of the learned counsel for the petitioner and the learned Government Advocate(crl.side) appearing for the respondent police, further this criminal revision is not likely to be taken for final hearing in the near future, this Court is of the view that the substantive sentence of imprisonment alone can be suspended on certain conditions. 4/6

7.

Accordingly, till the disposal of the Criminal Revision, the substantive sentence of imprisonment imposed by the learned trial Judge is alone suspended and bail are granted on the following conditions: (a) The petitioner/accused is ordered to be released on bail, on her execution of 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 learned IV Metropolitan Magistrate, Saidapet, Chennai (b) The petitioner/accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the Magistrate may obtain a copy of their Aadhaar Cards or Bank Pass Books to ensure their identities. 8.

With the above directions, this Criminal Miscellaneous Petition is ordered.

13.08.2025 (2/2) Index : Yes/No : Yes/No Speaking/non-speaking order lok 5/6

G.K.ILANTHIRAIYAN, J.

lok To 1.The learned XX Additional District and Sessions Judge and City Civil Judge at Allikulam, Chennai 2.The learned IV Metropolitan Magistrate, Saidapet, Chennai 3.The Inspector of Police, J-2, Adyar Traffic Investigation Wing, Adyar, Chennai 600 090

4. The Public Prosecutor, Madras High Court Crl.M.P.No.15077 of 2025 in Crl.RC.No.1323 of 2025 13.08.2025 (2/2) 6/6