Madras High CourtCRL OP/28401/2022dismissed

V.Iyyanar v. Thangamani

2023-08-01Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P Nos.28401 and 28409 of 2022 and connected Crl.MPs V.Iyyanar .. Petitioner/Petitioner/Petitioner/Accused in Both Crl.OPs .Vs.

1.Thangamani 2.Minor, Janarthini Shri ..Respondents/Respondents/Respondents/Complainants in Both Crl.OPs COMMON PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the order dated 13.10.2022 and made in CMP.Nos.507 & 508 of 2022 in CRP.Nos.21 & 22 of 2022, pending on the file of the I Additional District and Sessions Judge, Salem and on the file of the III Additional District Sessions Judge, Salem (FAC) and pray to set aside the same and to enlarge the petitioner on bail. For Petitioner : Mr.G.Pavendhan (Both Crl.OPs) For Respondents : Mr.E.Kannadasan (Both Crl.OPs)

COMMON ORDER These criminal original petitions have been filed challenging the order passed by the Court below in CMP.Nos.507 & 508 of 2022 in CRP.Nos.21 & 22 of 2022, dated 13.10.2022, directing the petitioner to deposit 50% of the arrears of maintenance as a condition for the suspension of sentence imposed by the trial Court.

2.Heard Mr.G.Pavendhan, learned counsel for the petitioner and Mr.E.Kannadasan, learned counsel for the respondents.

3. In the considered view of this Court, the condition imposed by the Court below does not suffer from any illegality or infirmity warranting the interference of this Court. The Court below had considered the fact that the petitioner himself had admitted regarding his employment and salary and in spite of the same, he had left behind a huge arrears towards payment of maintenance to the respondents. 4.In view of the above, these criminal original petitions stands dismissed. Consequently, connected miscellaneous petitions are closed. 01.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order KP

To I Additional District and Sessions Judge, Salem.

N. ANAND VENKATESH, . J.

KP Crl.O.P Nos.28401 and 28409 of 2022 and connected Crl.MPs 01.08.2023