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Madras High CourtCRL RC/2897/2025disposed of

Mrs.S.Hemalatha v. Mr.J.Bryan Samuel

2026-02-04Honourable Mr.Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.02.2026

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN & Crl.M.P. No. 24929 of 2025 Mrs. S. Hemalatha, D/o. Subramani, No. 425/3, Nethaji Street, GKM Colony, 21st Street, Jawahar Nagar, Chennai 600 082.

..Petitioner Vs.

Mr.J. Bryan Samuel, S/o. S. Baskaran, No.24, Pride Residency, Teachers Colony, 1st Cross Street, Kolathur, Chennai 600 099.

..Respondent Prayer:

Criminal Revision Petition filed under Section 438 r/w 442 of BNSs to set aside the order dated 05.12.2025 passed in Crl.M.P. No. 02/2025 in Crl.M.P. No. 01/2025 in Crl.A. No. 1319 of 2025 by the learned XIX Additional Judge, City Civil Court, Chennai. 1\4

For Petitioner :: Mr.P. Karthik Ram for M/s. Ponraj Law Associats For Respondent :: Mr.J. Paulraj

O R D E R

The revision has been filed challenging the condition imposed on the petitioner to deposit 20% of the compensation amount within 60 days while granting suspension of sentence.

2.

The learned counsel for the petitioner would submit that the petitioner is a salaried employee; that she has raised substantial grounds in the appeal; that the condition to deposit 20% of the compensation amount is onerous; that it is not mandatory in all cases to direct deposit of 20% and that the same would deny the right of the accused to file an appeal. The learned counsel for the petitioner had also relied on the decision of the Madurai Bench of Madras High Court in Crl.R.C.(MD) No. 1276 of 2024 dated 07.01.2025 (C.K. Chidambaram Vs. R. Chithiraivelu) 2\4

SUNDER MOHAN,J.

nv 3.

Heard the learned counsel for the respondent, who has no objection if the order is modified directing the petitioner to deposit 10% of the compensation amount.

4.

In view of the aforesaid submission, this Court is inclined to modify the impugned order and consequently, the petitioner is directed to deposit 10% of the compensation amount within a period of three weeks from the date of receipt of a copy of this order. 5.

With the above direction, the revision is disposed of. Consequently, criminal miscellaneous petition is closed. 04.02.2026 nv 3\4

SUNDER MOHAN,J.

nv To The XIX Additional Judge, City Civil Court, Chennai.

Crl.R.C.No. 2897 of 2025 04.02.2026 4\4