Sugapriya v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19-08-2025

CORAM

THE HONOURABLE DR JUSTICE R.N.MANJULA IN CRL A(MD) No. 172 of 2024 Sugapriya ... Petitioner/A1 Vs The State of Tamil Nadu Rep by The Inspector of police, NIBCID Police Station, Theni District.

... Respondent/ Complainant (Crime No.5 of 2022) For Petitioner(s):

Mr.S.Muthu Lakhsmi For Respondent(s):

Mr.R.Meenakshi Sundaram Additional Public Prosecutor PRAYER: This Petition is filed under Section 430(1) of BNSS praying to grant interim suspension of sentence imposed on the petitioner by the II Additional Special Court for EC & NDPS Cases, Madurai, by its judgment made in CC.No.250 of 2020 dated 14.02.2024 and enlarge her on interim bail for period of 12 days (i.e., 19.08.2025 to 30.08.2025) to conduct her daughter's puberty ceremony. 1/4

ORDER

The Criminal Miscellaneous Petition is filed to grant interim suspension of sentence imposed on the petitioner by the II Additional Special Court for EC & NDPS Cases, Madurai, by its judgment made in CC.No.250 of 2020 dated 14.02.2024 and enlarge her on interim bail for period of 12 days (i.e., 19.08.2025 to 30.08.2025) to conduct her daughter's puberty ceremony.

2. The learned counsel for the petitioner submitted that the petitioner has been convicted by the learned Trial Judge for the alleged offences punishable under Sections 8(c) r/w 20(b)(ii)(C) and 8(c) r/w 20(b)(ii)(B) of NDPS Act and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.1,00,000/-, in default to undergo simple imprisonment for a further period of six months for the offence under Section 8(c) r/w 20(b)(ii)(C) of the Act; to undergo rigorous imprisonment for 2 years and to pay a fine of Rs.10,000/-, in default to undergo rigorous imprisonment for a further period of three months for the offence under Section 8(C) r/w 20(b)(ii)(B) of NDPS Act. He further submitted that the puberty function of the petitioner's daughter is going to be held on 20.08.2025 and hence, he seeks interim suspension of sentence imposed on the petitioner.

3. The learned Additional Public Prosecutor submitted that Rule 6 of the Tamil Nadu Suspension of Sentence Rules provides for emergency leave on the occasion of 2/4

any family functions like wedding of children or siblings of the prisoner. Rule 20 would also lists certain grounds for granting ordinary leave. Instead of filing a petition to seek leave under the above special Rules, the petitioner had filed this petition, which is not entertainable. Hence, he seeks dismissal of this petition.

4. Considering the above submission, this Criminal Miscellaneous Petition is dismissed.

sd/- 19/08/2025 / TRUE COPY / / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

rmk TO 1.The II Additional Special Judge, Special Court For EC and NDPS Cases, Madurai.

2.The Superintendent, Central Prison for Women, Madurai.

3.The Inspector of police, NIBCID Police Station, Theni District.

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

ORDER

IN CRL MP(MD) No.11048 of 2025 Date :19/08/2025 SBN/26.08.2025 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4