Madras High CourtCRL OP/15495/2023disposed of

S.Chandrasekaran v. S.Rethinakumar

2023-07-12Honourable Mr Justice N. Anand Venkatesh4 pages

[IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.07.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.15495 of 2023 S.Chandrasekaran Petitioner vs.

1.S.Rethinakumar 2.The Public Prosecutor Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to set aside the order passed in Cr.M.P.No.244 of 2023 dated 03.02.2023 on the file of Principal Sessions Judge, Tiruppur.

For Petitioner : Mr.P.Kalimuthu

ORDER

This petition has been filed challenging the order passed by the Court below in Crl.M.P.No.244 of 2023 dated 03.02.2023, rejecting the application filed by the petitioner seeking for extension of time for complying with the conditions imposed by the Court while suspending the sentence.

2.The Court below passed a conditional order in Crl.M.P.No.244 of 2023 dated 03.02.2023, to the effect that the petitioner must produce two sureties for Rs.10,000/- and also deposit 20% of the cheque amount awarded by the trial Court within 15 days from the date of the order. According to the petitioner, he was not able to comply with the conditions, since he was suffering from various ailments and he was under medical care. The Court below did not agree with the reasons assigned by the petitioner and dismissed the application seeking for extension of time. Aggrieved by the same, the present criminal original petition has been filed before this Court.

3.In the considered view of this Court, one last chance can be given to the petitioner to comply with the condition. Accordingly, the time is extended one week from today. The petitioner shall comply with the condition imposed by the Court below in Crl.M.P.No.244 of 2023 by order dated 03.02.2023, by then. On failure to comply with the condition, the Court below is directed to take steps to secure the petitioner and make him undergo the sentence imposed by the trial Court.

4.This criminal original petition is disposed of with the above directions.

12.07.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order ssr Note: Issue Order Copy of 14.07.2023 To 1.Principal Sessions Judge, Tiruppur.

2.The Public Prosecutor, High Court of Madras, Madras.

N. ANAND VENKATESH, . J.

ssr Crl.O.P No.15495 of 2023 12.07.2023