Vaa Raja Vaa v. The Inspector Of Police

CRL MP(MD) No.516 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twelfth day of January Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL MP(MD) No.516 of 2022 IN CRL A(MD) No.11 of 2022 1 VAA RAJA VAA 2 INDHIRA ... PETITIONERS/APPELLANTS/ ACCUSED-1 & 2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE SIPCOT POLICE STATION, SIVAGANGAI DISTRICT.

(CR.NO. 169 OF 2013) ... RESPONDENT/RESPONDENT/ COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to suspend the sentence imposed in S.C. No. 100 of 2015 dated 31.12.2021 by the learned Judge, Fast Track mahila court, Sivagangai and enlarge the petitioners on bail pending disposal of the main Criminal Appeal.

PRAYER IN CRL A(MD)No.11 of 2022:

To call for the records and set aside the conviction and sentence passed in S.C.No.100 of 2015 dated 31.12.2021 by the Learned Sessions Judge, Fast Track Mahila Court, Sivagangai. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.P.MANIMARAN, Advocate for the petitioners and of Mr.K.SANJAY GANDHI, Government Advocate on behalf of the Respondent, the court made the following order:- The petitioners were convicted by the Judgment dated 31.12.2021 by the learned Sessions Judge, Fast Track Mahila Court, Sivagangai, in S.C.No.100 of 2015 in the following manner. The learned Sessions Judge sentenced both of them to undergo three months simple imprisonment and to pay a sum of Rs.

500/- in default undergo two weeks simple imprisonment for the offence under Section 294(b) IPC and sentenced one year simple imprisonment and to pay a sum of Rs.1,000/- in default to undergo one month simple imprisonment for the offence under Section 506(ii) of IPC and sentenced one year https://hcservices.ecourts.gov.

CRL MP(MD) No.516 of 2022 simple imprisonment and to pay a sum of Rs.1,000/- in default to undergo one month simple imprisonment for the offence under Section 3 of TNPPDL Act. All the sentences were ordered to run concurrently. Hence, the petitioners seeks suspension of sentence. 2.The learned counsel appearing for the petitioners would submit that the petitioners are confined at Central Prison, Madurai and Special Prison for Women, Madurai respectively. 3.Heard the submissions of the learned Government Advocate (Criminal Side).

4.Having regard to the fact that there are arguable points involved in the appeal and further, the appeal is not likely to be taken up for final hearing in the near future and also considering the fact the petitioners are already enlarged on bail by the trial Court, I am of the considered opinion that the petitioners are entitled for the relief of suspension of sentence. 5.Accordingly, the substantive sentence of imprisonment alone is suspended and the petitioners are directed to be enlarged on bail, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties each for a like sum to the satisfaction of the learned Sessions Judge, Fast Track Mahila Court, Sivagangai and on further condition that the petitioners shall appear before the said Court at 10.30 a.m. on the first working day of every English Calendar month, pending disposal of the appeal.

sd/- 12/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SESSIONS JUDGE FAST TRACK MAHILA COURT, SIVAGANGAI.

2 THE SUPERINTENDENT CENTRAL PRISON, MADURAI.

3 THE OFFICER INCHARGE SPECIAL PRISON FOR WOMEN, MADURAI.

4 THE INSPECTOR OF POLICE SIPCOT POLICE STATION, SIVAGANGAI DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL MP(MD) No.516 of 2022 IN CRL A(MD) No.11 of 2022 Date :12/01/2022 SA/JC/SAR.1/12.01.2022/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2