Arputham v. Mrs.T.Thilagam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Arputham S/o. Jeevaraj ... Petitioner in both Crl.MPs Vs.

T.Thilagam W/o.Thangaraj ... Respondent in both Crl.MPs Prayer in Crl.M.P.No.2413 of 2025: Criminal Miscellaneous Petition filed under Section 528 of BNSS, 2023, to suspend the sentence dated 02.12.2024 passed by the learned XVIII Additional City Civil Court, Chennai in C.A.No.527 of 2023 by confirming the judgment and sentence dated 17.08.2023 passed by the learned Metropolitan Magistrate, Fast Track Court at Magisterial Level-I, Egmore at Allikulam, Chennai, enlarge the petitioner on bail, pending disposal of the above Criminal Revision.

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Prayer in Crl.M.P.No.2416 of 2025 : Criminal Miscellaneous Petition filed under Section 528 of BNSS, 2023, to exempt the petitioner from surrendering in connection with the judgment passed by the learned XVIII Additional City Civil Court, Chennai in C.A.No.527 of 2023 by confirming the judgment and sentence dated 17.08.2023 passed by the learned Metropolitan Magistrate, Fast Track Court at Magisterial Level-I, Egmore at Allikulam, Chennai, pending disposal of the above Criminal Revision.

For Petitioner : Mr.Om Sai Ram in both Crl.MPs C O M M O N O R D E R These Criminal Miscellaneous Petitions have been filed seeking to suspend the sentence imposed on the petitioner/accused by judgment dated 17.08.2023 in C.C.No.1181 of 2021 by the learned Metropolitan Magistrate, Fast Track Court at Magisterial Level-I, Egmore at Allikulam, Chennai and confirmed by judgment dated 02.12.2024 in C.A.No.527 of 2023 by the learned XVIII Additional Judge, City Civil Court, Chennai and to exempt him from surrendering before the trial Court, pending disposal of the above revision. 2/6

2. Heard both sides.

3. Having regard to the facts and circumstances of the case and also considering the submissions made by the learned counsel for the petitioner, these miscellaneous petitions are allowed and the substantive sentence imposed upon the petitioner/accused by the trial Court, is suspended and the petitioner is exempted from surrendering before the trial Court on the following conditions:

(i) The petitioner shall deposit 20% of the cheque amount to the credit of CC.No.1181 of 2021 on the file of the learned Metropolitan Magistrate, Fast Track Court at Magisterial Level-1, Egmore at Allikulam, Chennai, within a period of four weeks from the date of receipt of a copy of this order, if not already paid, during the time of appeal before the lower appellate Court.

(ii) On such deposit being made, the trial Court shall re-deposit the said amount in a Fixed Deposit Account, in any one of the Nationalized Banks, renewable thereafter periodically. The disbursal of this amount shall be decided at the culmination of the Criminal Revision Case. (iii) The petitioner is directed to co-operate for early 3/6

disposal of revision petition, failing which, the suspension of sentence granted by this Court shall stand revoked automatically.

12.02.2025 Index : Yes/No Speaking Order : Yes/No ms Note: Issue Order copy on 13.02.2025 4/6

To

1. The Metropolitan Magistrate, Fast Track Court-I, Egmore, @ Allikulam, Chennai.

2. The XVIII Additional Judge, City Civil Court, Chennai.

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P.VELMURUGAN, J ms 12.02.2025 (2/2) 6/6