Subramani v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Twenty Fourth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice D. BHARATHA CHAKRAVARTHY CRIMINAL MISCELLANEOUS PETITION No.12124 of 2019 IN CRL RC.827/2019 SUBRAMANI [ PETITIONER ] Vs 1 STATE REP BY [ RESPONDENTS ] THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, TEAM IX, JOB RACKETING WING, NO.132, COMMISSIONER OF POLICE BUILDING, E.V.K.SAMPATH SALAI, VEPERY, CHENNAI-600 007.
2 N.VIJAYARAGHAVAN 3 S.NADHIYA R2 AND R3 IMPLEADED AS PER ORDER IN CRL.MP.NO.14102 & 14103/2019 IN CRL.RC.NO.827/2019 DATED 30/09/2019.
Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal Revision Case No.827/2019 on the file of the High Court, the High Court will be pleased to suspend the sentence conformed by the Judgement dated 02.07.2019 in Crl.Appeal No.6/2016 on the file of IV Additional Sessions Judge at Chennai, arising out of Judgement conviction and sentence given in C.C.No.345/2012 vide Judgement dated 29.12.2015 on the file of XI Metropolitan Magistrate, saidapet at chennai and to be released on bail pending above Crl.R.C.No.827/2019.
Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.Revision.Case No.827/2019 on the file of the High Court and upon hearing the arguments of M/S DR.G.KRISHNAMURTHY, Advocate for the petitioner and of THE PUBLIC PROSECUTOR FOR [R-1]and of MR.G.VIJAYABABU Advocate for [R-2 & R-3] on behalf of the Respondents the court made the following order:-
Today, when the Criminal Revision came up for hearing, the learned counsel for the petitioner submitted that in this case, even though there were totally 97 persons who were alleged to be victims, only 61 persons came before the Trial Court and deposed and only the said persons are claiming money due from the petitioner. It is seen that the offence alleged is job racketting.
2. The learned counsel appearing on behalf of the victims submitted a statement before this Court which shows that out of the 61 persons, 31 persons have already been paid their amounts during the mediation proceedings between the petitioner and the victims. Even though the mediation is pending, now the learned counsel for the petitioner submitted that the petitioner is now willing to settle the rest of the 31 persons also and the total amount due to the rest of the 31 persons comes to around Rs.9,00,000/- (Rupees Nine Lakhs), while he had already deposited a sum of Rs.10,00,000/- to the credit of C.C.No.345 of 2012 before the Trial Court and therefore, he is not in a position to settle the other claimants before the mediation center and consents that the said money can be settled to the rest of the 31 victims. The said statement of the learned counsel for the petitioner is recorded.
3. The learned counsel appearing on behalf of the victims also submitted that the victims are willing to receive the amount if disbursed from the Trial Court.
Therefore, keeping this revision pending, the following direction is issued:
(i) As per the statement filed, the following victims are settled.
SETTLEMENT PARTICULARS BATCH-I SETTLED ON 10.12.2019 S.NO NAME AMOUNT IN RS.
PAYABLE AT 1.
N.Selvamani Rs.45,000/- Trichy 2.
S.Nandesh Rs.45,000/- Chennai 3.
N.Vijayaraghavan Rs.23,000/- Tiruvallur 4.
S.Nadhiya Rs.30,000/- Chennai 5.
J.Kesavanath Rs.35,000/- Salem 6.
C.Daniel Rs.45,000/- Palayamkottai, Tirunelveli District 7.
R.John Deepan Rs.45,000/- Chennai 8.
G.Vinod Rs.45,000/- Chennai
S.NO NAME AMOUNT IN RS.
PAYABLE AT 9.
G.Dinesh Kumar Rs.15,000/- Chennai 10.
Tamimul Ansari Abdul Kareem Nazar Batcha Rs.15,000/- Pattukottai, Thanjavur District 11.
M.Vijayalakshmi Rs.35,000/- Vellore BATCH-II SETTLED ON 03.01.2020 12.
S.Thippusulthan Rs.15,000/- Chennai 13.
T.Ramesh Kumar Rs.15,000/- Chennai 14.
M.Ravindran Rs.15,000/- Chennai 15.
S.Prasath Rs.35,000/- Chennai 16.
M.Saravanan Rs.23,000/- Chennai 17.
M.Magesh Rs.23,000/- Chennai BATCH-III SETTLED ON 29.01.2020 18.
M.Prakashkumar Rs.35,000/- Uthiramerur, Kancheepuram District 19.
G.Raguvaran Rs.20,000/- Kancheepuram 20.
K.G.Jayanthi Rs.45,000/- Thiruvallur 21.
M.Sivaprakash Rs.45,000/- Krishnagiri BATCH-IV SETTLED ON 04.02.2020 22.
U.Booshanganesh Rs.45,000/- Chennai 23.
R.Rajasekar Rs.30,000/- Chennai BATCH-V SETTLED ON 28.04.2020 24.
K.Sabareeswaran Rs.45,000/- Namakkal 25.
G.Jayakumar Rs.45,000/- Chennai 26.
G.Karthick Rs.35,000/- Salem 27.
C.Yuvaraj Rs.35,000/- Salem 28.
T.Eniyan Rs.30,000/- Tindivanam 29.
N.Bharathidhasan Rs.35,000/- Kancheepuram BATCH-V(a) SETTLED ON 14.06.2020 30.
G.Prabhu Rs.45,000/- Salem Therefore, leaving out the above 30 persons, the rest of 31 persons who are before Court may be settled by the Trial Court. (ii) The Trial Court shall disburse the respective amounts due to the balance 31 persons and accordingly, the cheques can be drawn in
favour of the victims and be handed over, in the due presence of the 1st respondent/ police who will assist the Court in disbursing the 31 cheques with due receipts from them;
(iii) The 1st respondent shall serve notice on all the victims once the cheques are ready as per the direction of the Trial Court and accordingly, the amounts can be disbursed. (iv) The 1st respondent is requested to submit a report of the compliance of the above action. The said exercise shall be carried out by the Trial Court within a period of four weeks from today on or before 29.07.2022.
4. List the case on 01.08.2022 for reporting compliance. -sd/- 24/06/2022 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 IV ADDITIONAL SESSIONS JUDGE,CHENNAI 2 THE METROPOLITAN MAGISTRATE, NO.XI, SAIDAPET,CHENNAI 3 THE CHIEF METROPOLITAN MAGISTRATE,EGMORE[FOR INFORMATION] 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, TEAM IX, JOB RACKETING WING, NO.132, COMMISSIONER OF POLICE BUILDING, E.V.K.SAMPATH SALAI, VEPERY, CHENNAI C.C. To M/S DR.G.KRISHNAMURTHY Advocate on payment of necessary charges Order in CRL MP.12124/2019 IN CRL RC.827/2019 Date :24/06/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RVR 30/06/2022