Kumudhavalli v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty First day of July Two Thousand Twenty PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM and The Hon`ble Mrs.Justice T.KRISHNAVALLI IN CRL A(MD) No.37 of 2020 KUMUDHAVALLI ... PETITIONER/APPELLANT Vs STATE REP.BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KARUR, KARUR DISTRICT.
CRIME NO.14/2017 ... RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to allow the exemption application for depositing the imposed fine amount by Additional Sessions Judge/Fast Track Court/Mahila Court, Karur in S.C.No.17 of 2018 dated 19/11/2019, pending disposal of the Criminal Appeal and thus render justice.
Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.S.SIVAPRAKASH, Advocate for the petitioner and of Mr.R.ANANDARAJ, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- (Order of this court court made by T.KRISHNAVALLI,J This Criminal Miscellaneous Petition is filed to exempt the petitioner/accused from depositing the fine amount imposed by the Additional Sessions Judge/Fast Track Court/Mahila Court, Karur, in SC No.17 of 2018, dated 19.11.2019, pending disposal of the criminal appeal.
2.Heard the learned counsel appearing on either side and perused the entire materials available on record. 1/3
3.The petitioner/appellant was convicted by the Additional Sessions Judge, Fast Track Mahila Court, Karur along with six accused persons and she was sentenced to undergo 10 years of rigorous imprisonment and to pay a fine of Rs.25,000/-, in default of which to undergo six months simple imprisonment for the offence under section 4(1) of Immoral Traffic (Prevention) Act; sentenced to undergo life imprisonment and to pay a fine of Rs.50,000/- under section 14(2)(3) and 17 of POSCO Act 2012; for the offence under section 120(B) IPC sentenced to undergo life imprisonment and to pay a fine of Rs.50,000/- and also sentenced her to undergo three years rigorous imprisonment and to pay a fine of Rs.10,000/-, in default to undergo three months simple imprisonment for the offence under section 344 IPC. Aggrieved upon the judgment passed by the trial court, the petitioner has preferred criminal appeal along with criminal miscellaneous petitions for the relief of suspension of sentence and exemption application for depositing the fine imposed by the trial court.
4.When the matter was taken up for hearing on 13.07.2020, as this court was about to dismiss Crl.MP(MD)No.470 of 2020, which has been filed for suspension of sentence imposed by the trial court, on merits, the learned counsel for the petitioner sought permission to withdraw the petition and accordingly, this court has dismissed the same as withdrawn.
5.It is the grievance of the petitioner that due to poverty, she could not able to pay the fine amount imposed by the trial court and hence, she has filed Crl.MP(MD)No.472 of 2020 to exempt her from depositing the fine imposed by the trial court as stated above. 6.It is to be noted that except the bald and vague allegations, nothing stated about the financial status and avocation of the petitioner. Therefore, this court is not able to accept the reason stated by the petitioner in the affidavit filed in support of this petition. Accordingly, this Criminal Miscellaneous Petition is dismissed.
sd/- 21/07/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE ADDITIONAL SESSIONS JUDGE/ FAST TRACK COURT/MAHILA COURT, KARUR.
2.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KARUR,KARUR DISTRICT.
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3.THE SUPERINTENDENT, CENTRAL PRISON FOR WOMEN, TRICHY.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN IN CRL A(MD) No.37 of 2020 Date :21/07/2020 er TK/JC/SAR.3/22.07.2020/3P/5C 3/3