Sugapriya @ Priya v. The State Of Tamil Nadu,
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. 185 of 2023 Sugapriya @ Priya ... Petitioner/A1 Vs The State of Tamil Nadu Rep by The Inspector of police, Kannivadi Police Station, Dindigul District.
... Respondent/ Complainant (Crime No.30 of 2022) For Petitioner(s) : Mr.P.Thanga Prithvi Rajan 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 Principal Special Court for EC & NDPS Cases, Madurai, by its judgment made in CC.No.319 of 2022 dated 30.12.2022 and enlarge her on interim bail for period of 12 days (i.e., 18.08.2025 to 30.08.2025) to conduct her daughter's puberty ceremony.
ORDER
The Criminal Miscellaneous Petition is filed to grant interim suspension of 1/3
sentence imposed on the petitioner by the Principal Special Court for EC & NDPS Cases, Madurai, by its judgment made in CC.No.319 of 2022 dated 30.12.2022 and enlarge her on interim bail for a period of 12 days (i.e., 18.08.2025 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 offence punishable under Section 8(c) r/w 20(b)(ii)(C) of NDPS Act and sentenced to undergo rigorous imprisonment for 12 years and to pay a fine of Rs.1,00,000/-, in default to undergo simple imprisonment for a further period of one year. 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 provided for emergency leave on the occasion of any family functions like wedding of children and siblings of the prisoner. Rule 20 would also lists certain grounds for granting of 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 submission made by the learned Additional Public Prosecutor, this Court is of the view that the interim suspension of sentence cannot 2/3
be granted at this stage. Accordingly, 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 Principal Special Judge, Special Court For EC and NDPS Cases, Madurai. 2.The Superintendent, Special Prison For Women, Madurai.
3.The Inspector of police, Kannivadi Police Station, Dindigul District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER IN CRL MP(MD) No.11053 of 2025 Date :19/08/2025 SBN/26.08.2025 3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3