S.Rajalakshmi v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.08.2025

CORAM

THE HONOURABLE Dr. JUSTICE R.N.MANJULA in CRL A(MD) No. 175 of 2024 S.Rajalakshmi

...Petitioner/2nd Respondent

Vs.

1.The State Represented by the Inspector of Police, AWPS, Dindigul, Dindigul District.

...1st Respondent /1st Respondent 2.Sivachandran ...2nd Respondent/Appellant PRAYER : This Criminal Miscellaneous Petition is filed under Section 4373 of BNSS, to cancel the suspension of sentence granted in Crl.M.P (MD) No.2663 of 2024 in Crl.A(MD)No.175 of 2024 dated 30.08.2024 on the file of this Court. For Petitioner : Mr.A.Arun Prasad For R1 : Mr.K.Gnanasekaran Govt. Advocate(crl.side) For R2 : Mr.S.Sundarapandian

ORDER

The Criminal Miscellaneous Petition is filed by the petitioner/ defacto complainant to cancel the suspension of sentence granted to the second 1/5

respondent/appellant on the allegation that the second respondent has been threatening the petitioner, while he is on bail. In this regard, an FIR has been registered in Crime No.352 of 2024 on the file of the Dindigul Town South Police Station.

2. The learned counsel for the petitioner submitted that the second respondent has been granted suspension of sentence on 30.08.2024 and that he continues to cause threat to the petitioner and her daughter quite often.

3. On notice, the second respondent/appellant appeared through his counsel. The learned counsel for the second respondent submitted that he has not involved any such threat and he will comply any condition imposed by this Court and the suspension of sentence already granted may not be cancelled.

4. The learned Government Advocate (Crl.side) submitted a report on behalf of the first respondent. In the said report also, it is stated that the accused is causing threat to the safety of the defacto complainant and her children.

5. Heard the learned counsel for the petitioner, the learned Government 2/5

Advocate (Crl.side) appearing for the first respondent and the learned counsel for the second respondent.

6. The defacto complainant and the second respondent are the husband and the wife, who have strained relationship. The allegation made against the second respondent is that he caused disturbance to the victim child, who is his own daughter.

7. Under such circumstances, it is impracticable to allow the second respondent to remain in the same place and appear in the vicinity of the defacto complainant and the victim child. Even if the second respondent does not cause any verbal or physical threat, his very presence would infuse threat in the mind of the defacto complainant and the victim child.

8. The learned Government Advocate (Crl.side) suggests either to cancel the order of suspension of sentence or to modify the condition directing the accused to sign before some other police station.

9. I feel it is appropriate to modify the condition first. In case, the second 3/5

respondent does not comply the condition regularly or he continues to cause threats to the defacto complainant and her child, then, it would lead to the risk of getting the order of suspension of sentence granted to the second respondent cancelled.

10. In view of the above stated reasons, this petition is disposed of by modifying the earlier condition imposed in Crl.M.P(MD)No.2664 of 2024 in Crl.A (MD)No.175 of 2024 that the second respondent shall sign before the Tiruppur Town Police Station daily at 10.30 a.m until further orders. sd/- 20/08/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

CM TO 1 The Sessions Judge, Fast Track Mahila Court, Dindigul.

2 The Superintendent, Central Prison, Madurai.

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3 The Inspector of Police, All Women Police Station, Dindigul District.

4. The Inspector of Police, Tiruppur Town Police Station, Tiruppur.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL MP(MD) No.8661 of 2025 in CRL A(MD) No.175 of 2024 Date :20/08/2025 NM/26.08.2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5