Madras High CourtCRL OP/7570/2020modified

J.Job Saravanan@Yobu Saravanan v. Pandian

2020-05-14Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.05.2020

CORAM:

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR Crl.O.P.No.7570 of 2020 J. Job Saravanan @ Yobu Saravanan M/A 51 S/o Jayaraman ... Petitioner Vs

1. Pandian

2. Vasu

3. Anandhan ... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to set aside the order dated 05.02.2020 and modified the conditions imposed for suspension of sentence made in Crl.M.P.No.270 of 2020 in C.A.No.12 of 2020 and m pending on the file of the Principal Sessions Judge, Vellore. For Petitioner : Mr.K.V. Muthu Visakan

ORDER

This Criminal Original Petition has been filed to set aside the order dated 05.02.2020 and modify the conditions imposed for suspension of sentence made in Crl.M.P.No.270 of 2020 in C.A.No.12 of 2020 and m pending on the file of the Principal Sessions Judge, Vellore.

2. It the contention of the learned counsel for the petitioner that the petitioner is in custody for 146 days and while granting suspension of sentence, the learned first appellate Court has directed to petitioner to deposit 50% of the compensation amount imposed on the petitioner. The learned counsel for the petitioner further submitted that the condition imposed by the first appellate Court is onerous and the Court has imposed such a condition mechanically. He further submitted that as already the bank account of the petitioner has been freezed and he is in custody for more than 146 days, he is unable to mobilize funds, and hence, sought to set aside the said condition.

https://hcservices.ecourts.gov.in/hcservices/

3. Having regard to the submissions of the learned counsel for the petitioner, the Order of the first appellate Court is modified to the effect that the petitioner shall deposit 25% of the compensation Ordered by the trial Court, i.e., Rs.2,00,000/- [Rupees two lakhs only) within 20 days from the date of receipt of a copy of this Order. All other conditions of the Order of the first appellate Court in Crl.M.P.No.270 of 2020 in C.A.No.12 of 2020 dated 05.02.2020 remain unaltered. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vrc/ggs To 1.The Principal Sessions Judge, Vellore.

Crl.O.P.No.7570 of 2020 AD(CO) CB(29/09/2020) https://hcservices.ecourts.gov.in/hcservices/