B.Raveendran v. R.Dhandapani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.11019 of 2019 B.Raveendran ... Petitioner Vs.

R.Dhanadapani

...Respondent

PRAYER:

Criminal Original Petition filed under Section 482 Cr.P.C. praying to set aside the order dated 21.03.2019 made in C.M.P.Sr.No.7497 of 2019 in C.M.P.No.416 of 2019 in Criminal Appeal No.37 of 2019 on the file of Principal District and Sessions Court, Coimbatore and to allow the above Criminal Original Petition.

For Petitioner : Mr.C.Prabakaran

ORDER

This petition has been filed to set aside the order dated 21.03.2019 made in C.M.P.Sr.No.7497 of 2019 in C.M.P.No.416 of 2019 in Criminal Appeal No.37 of 2019 on the file of Principal District and Sessions Court, Coimbatore and to allow the above Criminal Original Petition.

2.The learned counsel for the petitioner would submit that a petition has been preferred in C.M.P.No.416 of 2019 in the above Appeal seeking suspension of sentence and this Court by its order dated 13.02.2019, was pleased to suspend the sentence dated 05.01.2019 of the Court below. While passing the order of suspension of sentence, this Court inter alia directed the petitioner to produce two sureties within a period of two weeks. Due to the prolonged disc prolapse ailment in the spinal card, the petitioner was undergoing Ayurvedic treatment and he was not in a position to mobilize the sureties and produce them within the stipulated time given by this Court. In the meantime due to the sudden demise of the father-in-law of the petitioner's counsel, the counsel was held up in participating the last rites. Hence, prays for appropriate relief.

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3.Considering the facts and circumstances of the case, this Court is inclined to extend a time for production of the sureties on or before 29.04.2019 on a condition that the petitioner shall deposit a sum of Rs.2,000/- (Rupees Two Thousand only) to the Chief Justice Relief Fund, Chennai. If the petitioner fails to produce the sureties on or before 29.04.2019, the order passed by the Appellate Court shall stand automatically cancelled without any further reference to the court.

4.Accordingly, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(CS-VIII) //True copy// Sub Assistant Registrar kas To The Principal District and Sessions Court, Coimbatore +1cc to Mr.C.Prabakaran, Advocate SR.No.39994 KAN(CO) GMY(26/04/2019) Crl.O.P.No.11019 of 2019 https://hcservices.ecourts.gov.in/hcservices/