Elizabath v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-11-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL MP No. 22675 of 2025 AND CRL A NO. 1267 OF 2025
1. Elizabath W/o.P.Sivakumar, Singona, Cherangode, Cherambadi.
Petitioner(s) Vs
1. The Inspector of Police, All Women Police Station, Devala Police Station, Devala, Nilgiris District.
Respondent(s) PRAYER To suspend the substantial sentence of 5 years of rigorous Imprisonment imposed by the Learned Sessions Judge Magalir (FTC), Udhagamandalam, dated 16.06.2025 in S.C.No.33 of 2018 by enlarge petitioner/Appellant on Bail pending disposal of the above Criminal Appeal. For Petitioners:
K.M.Balaji K. Lavan T.Anjalidevi M. Karthiga For Respondent(s):
Mr.V. Meganathan, Govt Advocate
ORDER
This Criminal Miscellaneous Petition has been filed by the petitioners, to suspend the substantial sentence of 5 years of rigorous Imprisonment imposed by the Learned Sessions Judge Magalir (FTC), Udhagamandalam, dated 16.06.2025 in S.C.No.33 of 2018 by enlarge petitioner/Appellant on Bail pending disposal of the above Criminal Appeal.
2. The petitioner in S.C.No.33 of 2018 were convicted and sentenced by the learned Sessions Judge, Mahalir court, Uthagamandalam vide Judgment dated 16.06.2025 as follows:
Rank of the accused Conviction under Section Sentence awarded A1 Section 370(1)(4) r/w 511 of IPC r.w Section 81 of Juvenile Justice ( Care and protection of children) Act and Section 511 of IPC He is sentenced to undergo rigorous imprisonment for a period of five years and to pay fine of Rs.1,00,000/- in default to undergo simple imprisonment for three months Against which, the present appeal has been filed. 3.
The learned counsel for the petitioner/accused would submit that there are arguable points available in the Criminal appeal and the petitioner/accused has 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. 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, 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. Accordingly, till the disposal of the Criminal appeal, the reliefs of suspension of sentence and bail are granted on the following conditions:
(a) the petitioner/accused is ordered to be released on bail, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, in which one surety must be a blood related surety, each for a like sum to the satisfaction of the learned Magalir ( Fast Track) Court, Uthagamandalam. (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.
(c) The petitioner shall appear before the Trial Court on every Tuesday 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 355 of BNSS, 2023. 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.
5.
With the above directions, this Criminal Miscellaneous Petition is ordered.
28-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes smn To.
1.The Learned Sessions Judge Magalir (FTC), Udhagamandalam
2. The Inspector of Police, All women Police Stationm Devala Police Station, Nilgiris District.
3. The Superintendent, Central prison for Women at Coimbatore
4. The Public Prosecutor, High Court, Madras.
T.V.THAMILSELVI, J.
smn CRL MP No. 22675 of AND CRL A NO. 1267 OF 2025
28-11-2025