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Madras High CourtCRL MP/18381/2024ordered

Valarmathi v. The Executive Magistrate Cum Revenue Divisional Officer

2025-01-07Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.M.P.No.18381 of 2024 in Crl.R.C.No.2383 of 2024 Valarmathi ... Petitioner Vs.

1.The Executive Magistrate cum Revenue Divisional Officer, Thiruvallur.

2.The State represented by The Inspector of Police, PEW, Periyapalaiyam Police Station, Thiruvallur District.

(Crime No.309 of 2024).

... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 438 r/w 442 BNSS, to suspend the sentence imposed on the petitioner in order, dated 13.11.2024 made in M.P.No.110/2024 on the file of the Executive Magistrate cum Revenue Divisional Officer, Thiruvallur and release the petitioner on bail pending disposal of the Criminal Revision. Page No.1 of 4

For Petitioner :

Mr.P.Chandrasekar For Respondents :

Mr.S.Udaya Kumar, Government Advocate (Crl. Side)

ORDER

This Criminal Revision Case challenges the impugned order, dated 26.11.2024 in M.P.No.110 of 2024 passed by the 1st respondent under Section 122(i)(a) of Cr.P.C., directing the petitioner to be detained for 113 days for violation of the bail bond executed by the petitioner on 20.02.2024. 2.In violation of the bail bond executed by the petitioner, the petitioner had committed the offence under Section 4(1)(A) of Tamil Nadu Prohibition Act and she was arrested in Crime No.309 of 2024. It is reported that this Court had granted bail to the petitioner in the said case. 3.The petitioner is in custody from 31.10.2024. Considering the period of incarceration and since the grounds raised in the revision has to be considered, this Court is inclined to suspend the impugned order and release the petitioner. Accordingly, the impugned order, dated 26.11.2024 in Page No.2 of 4

M.P.No.110 of 2024 passed by the 1st respondent is suspended and the petitioner is released 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 likesum to the satisfaction of the 1st respondent. 4.Accordingly, this Criminal Miscellaneous Petition is ordered. 07.01.2025 (2/2) vv2 Note: Issue Order Copy on 07.01.2025.

To 1.The Executive Magistrate cum Revenue Divisional Officer, Thiruvallur.

2.The Inspector of Police, PEW, Periyapalaiyam Police Station, Thiruvallur District.

3.The Public Prosecutor, Madras High Court.

Page No.3 of 4

SUNDER MOHAN, J.

vv2 Crl.M.P.No.18381 of 2024 in Crl.R.C.No.2383 of 2024 07.01.2025 (2/2) Page No.4 of 4