N.Babu, M/A 43 Years, v. K.Sellamuthu, M/A 52 Years,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Twenty Seventh day of April Two Thousand Eighteen PRESENT The Hon`ble Mr Justice RMT. TEEKAA RAMAN CRIMINAL MISCELLANEOUS PETITION No.6755 and 6756 of 2018 IN CRL RC.570/2018 N.BABU [ PETITIONER ] Vs K.SELLAMUTHU [ RESPONDENT ] Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal Revision Case No.570/2018 on the file of the High Court, the High Court will be pleased to [i]suspend the sentence imposed pursuant to the judmgnet passed in Crl.A.No.308 of 2017 dated 20.04.2018 pending on the file of the II Additional District and Sessions Court, Erode confirming the Judgment passed in STC.No.150 of 2015 dated 14.11.2017 on the file of the District Munsif cum Judicial Magistrate Court, Kodumudi pending disposal of the Criminal Revision Petiton.[CRL.MP.NO.
6755/2018] [ii]exempt the petitioner to surrender to undergo the sentence pursuant to the Judgment passed in Crl.A.No.308 of 2017 dated 20.04.2018 pending on the file of the II Additional District and Sessions Court, Erode confirming the Judgment passed in STC.No.150 of 2015 dated 14.11.2017 on the file of the District Munsif cum Judicial Magistrate Court, Kodumudi pending disposal of the Criminal Revision Petiton.[CRL.MP.NO.6756/2018] Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.Revision Case No.570/2018 on the file of the High Court and upon hearing the arguments of M/S.N.
UMAPATHI Advocate for the petitioner, the court made the following order:- Considering the fact that there are arguable points in the revision and taking into consideration, the facts and circumstances of the case and taking note of the fact that the petitioner shall deposit 50% of the amount to the credit of S.T.C.No.150 of 2015 on the file of the learned District Munsif Cum Judicial Magistrate, Kodumudi, on or before 18.06.2018. This Court is inclined to suspend the sentence alone imposed on the petitioner/accused.
2. The sentence of the imprisonment imposed on the petitioner shall stand suspend on condition that the petitioner shall deposit
50% of the amount awarded by the Court below as compensation within a period of eight weeks from today and on such deposit, the petitioner shall release on bail on his executing a bond for a sum of Rs.10,000/- with two sureties each for a likesum to the satisfaction of the trial Court and on a further condition that the petitioner shall report before the trial Court on the first working day of every month at 10.30 a.m, pending disposal of the revision.
3. In view of the suspension of sentence, the petitioner is exempted from surrendering before the appellate Court and Crl.M.P.No.6756 of 2018 is ordered accordingly. Post the matter on 20.06.2018.
-sd/- 27/04/2018 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 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, KODUMUDI 2 THE CHIEF JUDICIAL MAGISTRATE ERODE[FOR INFORMATION] 3 THE II ADDITIONAL DISTRICT AND SESSIONS COURT, ERODE +1 C.C. to M/S.N.UMAPATHI Advocate on payment of necessary charges SR.NO. 8416 Order in CRL MP.6755 and 6756/2018 in CRL RC.570/2018 Date :27/04/2018 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RD 28/04/2018