Selvi v. The State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-10-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI IN CRL A NO. 1563 OF 2025 SELVI W/o. Govindharajan, Oddapatti Village and Post, Pochampalli Taluk, Krishnagiri District.
Petitioner(s) Vs The State rep by The Inspector of Police Mathur Police Station, Krishnagiri District. Crime No.329/2017.
Respondent(s) PRAYER To suspend the sentence imposed by the Learned Sessions Judge, FTMC at Krishnagiri in S.C.No.249 of 2022 dated 20.09.2025 and enlarge the petitioner/Appellant on bail pending disposal of the above Criminal Appeal. For Petitioner(s):
Mr. C.Samivel For Respondent(s):
Mr.V.Meganathan, Govt. Advocate (Crl. Side) 1/7
ORDER
This Criminal Miscellaneous Petition has been filed by the petitioner seeking suspension of sentence imposed by the learned Sessions Judge, FTMC, Krishnagiri, in S.C.No.249 of 2022 dated 20.09.2025, and enlarge the petitioner on bail pending disposal of the above appeal. 2.
The petitioner herein is the accused in S.C.No.249 of 2022 on the file of the learned Sessions Judge, FTMC, Krishnagiri. She was found guilty of the offences under Section 306 of IPC and she has been convicted and sentenced to undergo rigorous imprisonment for the period of five years and to pay fine of Rs.1000/-, in default, to undergo simple imprisonment for the period of one year. Aggrieved by the same, the petitioner had filed this appeal and consequently, he filed the present miscellaneous petition. 3.
The learned counsel for the petitioner/accused would submit that she has been falsely implicated in this case as if she went to house of P.W.1 on the date of occurrence and scolded P.W.1 and his wife, due to which, she committed suicide by consuming pesticide. In fact, P.W.1 had illegal intimacy with another woman, due to which she was aggrieved and she was not a person abutted the deceased. He would further submit that she is having valid defence and she is in judicial custody from 20.09.2025 for more than one month. He 2/7
would further submit that there are arguable points available in the Criminal Appeal and the petitioner/accused had got a fair chance of succeeding in the Criminal Appeal 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. 4.
Per contra, the learned Government Advocate (Criminal 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. On seeing the facts, it reveals that when she went to the house of P.W.1 on the date of occurrence, she scolded P.W.1 and his wife, aggrieved over the same, deceased committed suicide by consuming pesticide and she is in judicial custody from 20.08.2025 for more than one month. Now the victim girl is also got married with another man and settled. Considering that and considering the facts and circumstances of the case coupled with the quantum of punishment 3/7
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 appeal 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.
7.
Accordingly, till the disposal of the Criminal Appeal, 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 directed to deposit a sum of Rs.30,000/- (Rupees thirty thousand only) for the mental agony caused to the family into the credit of S.C.No.249 of 2022 on the file of Sessions Judge, Fast Track Mahila Court, Krishnagiri. On such deposit, the defacto complainant is permitted to withdraw the same on filing undertaking affidavit.
(b) the petitioner is ordered to be released on bail, on their executing a separate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, in which one surety must be a blood surety, each for a like sum to the satisfaction of the learned Sessions Judge, Fast Track Mahila Court, Krishnagiri 4/7
(c) 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.
(d) The petitioner shall appear before the respondent police on every Sunday at 10.30 a.m. for the period of three months and he shall cooperate with the trial proceedings and also directed to appear before the Trial Court on the first working day of every English Calendar month at 10.30 a.m., until the disposal of the Criminal Appeal and if he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court. 8.
With the above directions, this Criminal Miscellaneous Petition is ordered.
9.
Post the matter on 06.01.2025.
15-10-2025 5/7
Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp N.B. Issue order copy on 16.10.2025.
To
1. Sessions Judge, Fast Track Mahila Court, Krishnagiri 2.The Inspector of Police Mathur Police Station, Krishnagiri District.
3. The Superintendent of Prison, Central Prison, Coimbatore.
4. The Public Prosecutor, High Court, Madras.
6/7
T.V.THAMILSELVI J.
rpp CRL MP No. 18920 of IN CRL A NO. 1563 OF 15-10-2025 7/7