M.Somasundaram, Age 52 Yrs, v. A.Subramanian,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Sixteenth day of March Two Thousand Eighteen PRESENT The Hon`ble Mr Justice M.V.MURALIDARAN CRIMINAL MISCELLANEOUS PETITION Nos.16033 and 16034 of 2017 IN CRL RC.1581/2017 M.SOMASUNDARAM, [ PETITIONER IN ALL THE PETITIONS] Vs A.SUBRAMANIAN, [ RESPONDENT ] IN ALL THE PETITIONS] Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal Revision Case No.1581 of 2017 on the file of the High Court, the High Court will be pleased to [i]suspend the sentence imposed by the second Additional Sessions Judge, Erode in C.A.No.108 of 2017 dated 16.11.2017 confirming the judgment passed by the Learned Judicial Magistrate, Fast Track Court No.I, Erode in STC.No.22 of 2016 dated 06.04.

2017 pending disposal of the above Criminal Revision Petition and pass such further or other orders.[CRL.MP.NO.16033/2017] [ii]exempt the petitioner from surrendering before the court in pursuance to the Judgment passed by the second Additional Sessions Judge, Erode in C.A.No.108 of 2017 dated 16.11.2017 confirming the judgment passed by the Learned Judicial Magistrate, Fast Track Court No.I, Erode in STC.No.22 of 2016 dated 06.04.2017 and pass such further or other orders.[CRL.MP.NO.16034/2017] Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.Revision Case No.1581 of 2017 on the file of the High Court and upon hearing the arguments of M/S.V.SUGUNA, Advocate for the petitioner and of M/S C.S.

SARAVANAN Advocate on behalf of the Respondent the court made the following order:- In pursuant to the order of this Court dated 20.12.2017, granting suspension of sentence that the petitioner shall deposit a sum of Rs.75,000/- to the credit of S.T.C.No.22 of 2016 on the file of the learned Judicial Magistrate, Fast Track Court No.I, Erode. On 14.03.2018, this Court directed the learned counsel for the petitioner to verify as to ascertain any amount has been deposited by the petitioner and directed the petitioner to appear before this Court along with the the payment receipt and hence, the matter was directed to be listed on 16.03.2018.

2. Today, i.e. 16.03.2018, when the matter is taken up for hearing, the learned counsel for the petitioner would submit that the petitioner has not deposited any amount before the trial Court.

3. In view of the above, these petitions are dismissed. The learned Judicial Magistrate, Fast Track Court No.I, Erode is directed to take steps to secure the accused and remanded him to judicial custody.

Post the matter on 13.04.2018.

-sd/- 16/03/2018 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 2ND ADDITIONAL SESSIONS JUDGE ERODE 2 THE JUDICIAL MAGISTRATE, FAST TRACK COURT,NO.I, ERODE 3 THE CHIEF JUDICIAL MAGISTRATE ERODE[FOR INFORMATION] copy to:

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

C.C. to M/S.C.MUNUSAMY Advocate on payment of necessary charges Order in CRL MP.16033 & 16034/2017 in CRL RC.1581/2017 Date :16/03/2018 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RD 16/03/2018