Suneel Boppana v. Nainika (Minor)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-11-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI IN CRL RC NO. 2381 OF 2025 Suneel Boppana S/o. Mr. Boppana Nageshwar Rao, No.3-13, Donepudi Post, Kolluru Mandal, Guntur District, Andhra Pradesh-522324.

Petitioner(s) Vs Nainika (minor) Rep by her mother and natural guardian, Harisha Cherukuru, D/o. C.

Suresh Kumar, B-803, KG Signature City, Maduravoyal Bypass Road, Chennai-600095.

Respondent(s) For Petitioner(s):

Mr.V.P.Raman, Senior Counsel for Mr.S.Vedhavel

ORDER

The petitioner has filed this petition to suspend the execution of the sentence of imprisonment dated 07.11.2025 passed in Crl.M.P.No.1090 of 2025 in MC.No.15 of 2022, on the file of the Judicial Magistrate No.II, Poonamalle, Sentencing he petitioner to undergo imprisonment for period of one month for alleged non payment of maintenance arrears, and to enlarge the petitioner on bail pending disposal of the above Criminal Revision Petition.

2. The petitioner herein is the accused in Crl.M.P.No.1090 of 2025, in M.C.No.15 of 2022, on the file of the Judicial Magistrate No.II, Poonamallee and sentencing the petitioner to undergo imprisonment for period of one month for alleged non payment of maintenance arrears, against which the present revision has been filed.

3. The learned counsel for the petitioner submitted that the petitioner has a valid defence to challenge the findings of the Court. As per the conditional order, the amount has been directly deposited into the account of the

respondent's mother. Hence, he prays to suspend the sentence.

4. Considering the facts and circumstances of the case, 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 executed a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) after release with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No-II, Poonamallee. (b) The petitioner 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 Saturday 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.

17-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri

To 1.Nainika (minor) Rep by her mother and natural guardian, Harisha Cherukuru, D/o. C.

Suresh Kumar, B-803, KG Signature City, Maduravoyal Bypass Road, Chennai-600095.

2.The Judicial Magistrate No.II, Poonamallee.

3.The Superintendent, Puzhal, Central Prison, Chennai.

4.The Public Prosecutor, High Court of Madras, Chennai.

T.V.THAMILSELVI J.

rri CRL MP No. 21547 of IN CRL RC NO. 2381 OF 2025 17-11-2025