Renganathan v. S.Veerapandian
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.07.2022 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Crl.M.P.Nos.4464 of 2022 of 2022 and Crl.M.P.No.4466 of 2022 in Crl.R.C.No.432 of 2022 Renganathan ... Petitioner in both MPs
Versus
S.Veerapandian ... Respondent in both MPs Prayer: Criminal Miscellaneous Petition is filed under Section 397(1) of the Cr.P.C. praying to suspend the sentence imposed in the Judgment dated 09.10.2018 by the learned II Additional District and Sessions Judge, Chidambaram modifying the judgment dated 12.04.2018 made in STC No.20 of 20016 on the file of the learned Judicial Magistrate-I, Chidambaram, and enlarge petitioner on bail pending disposal of the Criminal Revision Case. Prayer: Criminal Miscellaneous Petition is filed under Section 482 of the Cr.P.C. praying to exempt the petitioner from surrendering pursuant to the judgment of conviction and sentence imposed by judgment dated 09.10.2018 in Crl.A.No.43 of 2018 on the file of the II Additional District and Sessions Judge, Chidambaram.
For Petitioner : Mr.G.Pugazhenthi For Respondent : Ms.Jayasri Baskar for Mr.K.V.Sridharan 1/5
ORDER
Heard Mr.G.Pugazhenthi, the learned counsel appearing on behalf of the petitioner and Mrs.Jayasri Baskar, the learned counsel appearing on behalf of the respondent.
2. The petitioner has not surrendered. The learned counsel would however submit that this should be considered as an exceptional case because the petitioner is working as Professor in a Government College and he is also ready and willing to deposit the entire cheque amount of Rs.2,50,000/- (Rupees Two Lakhs and Fifty Thousand only) and he may lose his job in the event of his surrender.
3. In view of the above, treating this case as an extraordinary case that the petitioner is exempted from surrendering and the substantive sentence of imprisonment is suspended and bail is granted to the petitioner pending disposal of the main Criminal Revision Case on the following conditions:- (a) the petitioner is ordered to be released on bail on deposit of Rs.2,50,000/- (Rupees Two Lakhs only) being the entire cheque amount to the 2/5
credit of the case in STC No.20 of 2016 on the file of the learned Judicial Masgistrate-I, Chdiambaram, within a period of four weeks from the date of receipt of a copy of this order and further on his executing a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties each for a like sum to the satisfaction of the Trial Court;
(b) the petitioner and the sureties shall affix their photographs and left thumb impressions in the surety bonds and the learned Magistrate may obtain a copy of their Aadhaar Cards or Bank Pass books to ensure their identities; (c) It is made clear that no further extension of time will be granted. If the petitioner fails to deposit the amount as directed above within the time frame, the suspension of sentence and the order of bail granted above shall stand automatically vacated without any reference to the court and the respondent/complainant will be at liberty to approach the trial court and the trial court shall issue a Warrant and execute the same and commit the petitioner to prison so as to undergo the imprisonment for the unserved part of the sentence. (d) the petitioner shall appear before the Trial Court on the first working day of every English Calendar Month at 10.30 a.m. until the disposal of the Criminal Revision Case and if he is not able to appear before the Trial Court on any day, he shall make arrangements to file an application under Section 317 of 3/5
Cr.P.C., and shall appear before the Trial Court on any other day in lieu of the date of his absence, as directed by the Trial Court.
5. Both the Criminal Miscellaneous Petitions are ordered accordingly. 15..07..2022 Index : Yes / No Speaking order : Yes / No kmk To 1.The II Additional District and Sessions Judge, Chidambaram. 2.The Judicial Magistrate-I, Chidambaram.
3. The Public Prosecutor, High Court of Madras. 4/5
D.BHARATHA CHAKRAVARTHY, J., kmk Crl.M.P.Nos.4464 of 2022 of 2022 and Crl.M.P.No.4466 of 2022 in Crl.R.C.No.432 of 2022 15..07..2022 1/2 5/5