Kannan v. Kushal Chand

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Third day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice N. ANAND VENKATESH CRIMINAL MISCELLANEOUS PETITION No.6810 of 2022 in Crl.R.C.No.647 of 2022 KANNAN [ PETITIONER ] Vs KUSHAL CHAND [ RESPONDENT ] Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Crl.R.C.No.647 of 2022 on the file of the High Court, the High Court will be pleased to suspend the sentence dated 03.03.2022 passed in Crl.A.No.49 of 2017 by the Hon`ble Additional District Court Mayiladuthurai confirming the conviction and sentence passed in C.C.NO.31 of 2012 dated 14.09.2014 by the learned Fast Track Judicial Magistrate, Mayiladuthurai and enlarge the petitioenr on bail pending revision.

Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.R.C.No.647 of 2022 on the file of the High Court and upon hearing the arguments of M/S. M.GOVINDARAJU, Advocate for the petitioner and of the court made the following order:- This petition has been filed seeking to suspend the sentence imposed on the petitioner by the Trial Court and as confirmed by the Appellate Court.

2. Taking into consideration the materials available on record and the grounds raised by the petitioner, this Court is inclined to suspend the substantive sentence imposed against the petitioner subject to the following conditions.

(a) The petitioner shall deposit a sum of Rs.4,50,000/- (Rupees Four lakhs fifty thousand Only) to the credit of C.C.No.31 of 2012 on the file of the learned Judicial Magistrate, Fast Track Court, Mayiladuthurai, within a period of six weeks from the date of receipt https://hcservices.ecourts.gov.in/hcservices/

of a copy of this order. If the amount is not deposited within the time stipulated by this Court, it is left open the Judicial Magistrate to issue a Non-Bailable Warrant against the petitioner and secure him to undergo the sentence imposed by the Trial Court and confirmed by the Appellate Court."

(b) If the petitioner complies with the conditions imposed by this Court in clause (a) within the time stipulated by this Court, the petitioner shall execute a bond for a sum of Rs.5,000/- (Rupees Five Thousand only) along with two sureties, each for a like sum, and (c) The petitioner shall appear before the learned Judicial Magistrate, Fast Track Court, Mayiladuthurai on the first working day of every month at 10.30 A.M., pending disposal of this Criminal Revision Case.

3. This Criminal Miscellaneous Petition is disposed of accordingly. Post the Criminal Revision after six weeks. -sd/- 23/05/2022 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 ADDITIONAL DISTRICT COURT, MAYILADUTHURAI.

2 THE JUDICIAL MAGISTRATE, FAST TRACK COURT, MAYILADUTHURAI.

3 THE CHIEF JUDICIAL MAGISTRATE NAGAPATTINAM. [FOR INFORMATION] +1 C.C. to M/S. M.GOVINDARAJU Advocate on payment of necessary charges SR.NO. 7812 Order in CRL MP.6810/2022 in Crl.R.C.No.647 of 2022 Date :23/05/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RW-25/05/2022 https://hcservices.ecourts.gov.in/hcservices/