Sumethira v. K.B.Halan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.07.2022 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Crl.M.P.No.7808 of 2022 in Crl.R.C.No.768 of 2022 Sumethira ... Petitioner
Versus
K.B.Halan ... Respondent Prayer: Criminal Miscellaneous Petition filed under Section 389(2) of the Code of Criminal Procedure to suspend the sentence ordered passed by the learned Judicial Magistrate, Udhagamandalam in S.T.C.No.1135 of 2015, dated 31.10.2019 and enlarge the petitioner on bail pending disposal of the Criminal Revision Case.
For Petitioner : Mr.S.Rajmakesh
ORDER
This Criminal Miscellaneous Petition is filed to suspend the sentence passed by the learned Judicial Magistrate, Udhagamandalam in S.T.C.No.1135 of 2015, dated 31.10.2019 and enlarge the petitioner on bail pending disposal of the Criminal Revision Case.
2. It is reported by the learned Counsel for the petitioner that the petitioner has surrendered before the Trial Court on 28.06.2022 and is presently confined to Central Prison, Coimbatore.
3. Considering the fact that the conviction is for the offence under Section 138 of the Negotiable Instruments Act, 1881 and considering the grounds raised in the Criminal Revision Case, I am of the view that this is a fit case for grant of suspension of sentence and accordingly, suspension of sentence is granted and the petitioner is enlarged on bail on the following terms:- (a) the petitioner is ordered to be released on bail, 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 Aadhar Cards or Bank Pass books to ensure their identities;
(c) 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 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.
4. This Criminal Miscellaneous Petition is ordered accordingly. -sd/- 05/07/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE JUDICIAL MAGISTRATE, UDHAGAMANDALAM 2 THE CHIEF JUDICIAL MAGISTRATE THE NILGIRIS [FOR INFORMATION] 3 THE SESSIONS JUDGE OF THE THE NILGIRIS, UDHAGAMANDALAM.
4 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE
+1 C.C. to S.RAJMAKESH Advocate on payment of necessary charges SR.NO.10752 Order in CRL MP.7808/2022 in CRL RC.768/2022 Date :05/07/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format JPA 06/07/2022