V.Sathish v. G.Tamilneethi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2022 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Crl.M.P.No.12230 of 2022 in Crl.R.C.No.1083 of 2022 V.Sathish ... Petitioner

Versus

G.Tamilneethi ... Respondent Prayer: Criminal Miscellaneous Petition is filed under Section 397 of the Code of Criminal Procedure, pleased to suspend the sentence imposed on the petitioner in C.C.No.13 of 2021 dated 08.02.2022 passed by the learned Judicial Magistrate Fast Track Court (ML), Dharmapuri and the same was confirmed by the learned Principal Sessions Judge, Dharmapuri in Criminal Appeal No.07 of 2022 dated 03.06.2022 and release the petitioner on bail pending disposal of the above revision petition. For Petitioner : Mr.M.Selvam 1/5

ORDER

This Criminal Miscellaneous Petition is filed to suspend the sentence imposed on the petitioner in C.C.No.13 of 2021 dated 08.02.2022 passed by the learned Judicial Magistrate Fast Track Court (ML), Dharmapuri and the same was confirmed by the learned Principal Sessions Judge, Dharmapuri in Criminal Appeal No.07 of 2022 dated 03.06.2022 and release the petitioner on bail pending disposal of the above revision petition.

2. It is reported by the learned Counsel for the petitioner that the petitioner has surrendered before the trial Court today morning.

3. In that view of the matter, considering the offence is under Section 138 of the Negotiable Instruments Act, I am of the view that this is a fit case for grant of suspension of sentence for the petitioner and enlarge the petitioner on bail, pending disposal of the Revision. Therefore, I am inclined to suspend the sentence and grant bail to the petitioner on the following conditions:- 2/5

(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 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.

6. This Criminal Miscellaneous Petition is ordered accordingly. 3/5

22.08.2022 Index : yes/no Speaking order/Non-speaking order rgi To

1. The Judicial Magistrate Fast Track (ML), Dharmapuri

2. The Inspector of Police, Edapadi Police Station, Salem District.

3. The Public Prosecutor, High Court of Madras.

D.BHARATHA CHAKRAVARTHY. J., 4/5

rgi Crl.M.P.No.12230 of 2022 in Crl.R.C.No.1083 of 2022 22.08.2022 5/5