V.P.Sivakumar v. R.D.Rajagopalan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Eighth day of May Two Thousand Nineteen PRESENT The Hon`ble Mr Justice N. ANAND VENKATESH CRIMINAL MISCELLANEOUS PETITION No.6427 of 2019 in CRL RC.No.411 of 2019 V.P.SIVAKUMAR [ PETITIONER ] Vs R.D.RAJAGOPALAN [ RESPONDENT ] Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in CRL RC.No.411 of 2019 on the file of the High Court, the High Court will be pleased to suspend the sentence imposed on him in judgment made in C.A.No.119 of 2017 dated 27.02.2019 by the Learned III Additional District Sessions Judge, Cuddalore at Virudhachalam in Trial Court 26.10.2017 in STC No.797 of 2013 on the file of the Learned Judicial Magistrate No.I, Virudhachalam, Cuddalore District and enlarge the petitioner on bail pending disposal of the CRL.R.C.No.
411 of 2019 Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in CRL RC.No.411 of 2019 on the file of the High Court and upon hearing the arguments of M/S.M.R.JOTHIMANIAN, Advocate for the petitioner, the court made the following order:- The Criminal Revision petition has been filed as against the Judgment of the learned III Additional District Sessions Judge dated 27.02.2019 made in C.A No.119 of 2017 by reversing the order of the Trial Court dated 26.10.2017 in S.T.C.No.797 of 2013 on the file of the learned Judicial Magistrate No.I, Virudhachalam, Cuddalore District and imposed the punishment on the petitioner for the period of 6 months simple imprisonment and directed to pay a cheque amount of Rs.2,00,000/- as compensation and also directed to pay the said amount within a month.
Pending Revision, the petitioner has filed the above miscellaneous petition seeking suspension of substantive sentence of imprisonment.
2. Heard the learned counsel for the petitioner.
3. The sentence imposed by the Court below in CA No.119 of 2013 is suspended, subject to the following conditions :-
(a) The petitioner is directed to deposit a sum of Rs.1,00,000/- (Rupees one lakh only) in S.T.C.No.797 of 2013 on the file of learned Judicial Magistrate I, Virudhachalam, Cuddalore District, within a period of two weeks from the date of receipt of copy of this order.
(b) The petitioner shall execute a bail bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate I, Virudhachalam, Cuddalore District. This bail bond shall be entertained only after the deposit of the money specified in clause (a).
(c) The petitioner shall appear before the learned Judicial Magistrate I, Virudhachalam, Cuddalore District, on the first working day of the every English Calendar Month at 10.30 am, until further orders.
(d) If the petitioner fails to deposit the amount and execute the bail bond as stipulated in Clause (a) and (b), the order of interim suspension of sentence shall stand cancelled automatically without reference to this Court and the learned Judicial Magistrate I, Virudhachalam, Cuddalore District, shall immediately issue nonbailable warrant and secure the petitioner to serve the remaining sentence imposed against the petitioner.
-sd/- 08/05/2019 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 NO.I VIRUDHACHALAM, CUDDALORE DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE [FOR INFORMATION]
3 THE III ADDITIOANL DISTRICT SESSIONS JUDGE, VIRUDHACHALAM CUDDALORE DISTRICT +1 C.C. to M/S.M.R.JOTHIMANIAN Advocate on payment of necessary charges SR.NO.9281 Order in CRL MP.6427/2019 in CRL RC.411/2019 Date :08/05/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format cm 09/05/2019