S.Kamatchi v. C.Ramesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-11-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL MP NO. 21040 OF 2025 IN

1. S.Kamatchi W/o.Sornam Aachari, D.No.6-B, Azagappan Street, Dasarathapuram,Saligramam, Chennai600 093 Petitioner(s) Vs

1. C.Ramesh S/o.G.Chandrasekarn, No.18/35, Valampuri Vinayagar Koil Street, Saligramam, Chennai-600 093 Respondent(s) CRL MP No. 21040 of 2025 PRAYER To suspend the sentence passed by the XIX Additional City Civil Court at Chennai at dated10.09.2025 and enlarge the petitioner on bail pending disposal

of the present Criminal Revision petition For Petitioner(s):

M.Rakhi M.Arulraj Jayasri R For Respondent:

ORDER

This petition has been filed to suspend the sentence passed by the XIX Additional City Civil Court at Chennai at dated10.09.2025 and enlarge the petitioner on bail pending disposal of the present Criminal Revision petition.

2. The petitioner here was convicted by the Metropolitan Magistrate Fast Track Court - V, Saidapet, Chennai - 15 and sentenced him to undergo Simple Imprisonment for 6 months and directed him to pay a sum of Rs.3,00,000/- as compensation, in default, the petitioner shall undergo Simple Imprisonment for 3 months. Challenging the same, the petitioner filed C.A No. 804 of 2023 on the file of the XIX Additional City Civil Court at Chennai, by judgement dated 10.09.2025, the dismissed the appeal.

3. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. In fact, the petitioner has repaid the

borrowed amount when her husband was alive. First of all, the petitioner did not borrowed the money from the respondent, the petitioner's husband was borrowed the money from the respondent for his personal emergency which was paid back to the respondent. Hence, there are arguable points available in the Criminal Revision Case and the petitioner/accused has got a fair chance of succeeding in the Criminal Revision Case and hence, the substantive sentence imposed against the petitioner/accused may be suspended. Further it is his specific submission that the petitioner was enlarged on bail during the time of pendency of the appeal before the first appellate Court and the petitioner may be exempted from surrendering before the Trial Court. He would submit that the petitioner is ready to abide the condition imposed by this Court. 4.

Heard the learned counsel appearing for the petitioner and also perused the materials placed on record.

5.

Considering the facts and circumstances of the case coupled with the quantum of punishment imposed upon the petitioner, also by considering the

submissions of the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent police, further this criminal revision is not likely to be taken for final hearing in the near future, this Court is of the view that the substantive sentence of imprisonment alone can be suspended on certain conditions. Accordingly, till the disposal of the Criminal Revision Case, the reliefs of suspension of sentence and bail are granted on the following conditions:

(a) The petitioner/accused 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 learned Metropolitan Magistrate Fast Track Court - V, Saidapet, Chennai - 15. Further, the petitioner shall deposit a sum of Rs.75,000/- before the Trial Court within a period of five weeks from today and the defacto complainant is permitted to withdraw the same.

(b) The petitioner/accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the Magistrate may obtain a copy of their Aadhaar 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 revision petition 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 355 of BNSS, 2023. 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. 7.

With the above directions, this Criminal Miscellaneous Petitions is ordered.

10-11-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The Metropolitan Magistrate Fast Track Court - V, Saidapet, Chennai - 15.

2. The XIX Additional City Civil Court at Chennai

T.V.THAMILSELVI J.

pbl AND CRL MP NO.

21040 OF 2025 IN CRL RC No. 2324 of 2025 10-11-2025