V.Rajamani v. Damodharan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of November Two Thousand Eighteen PRESENT The Hon`ble Mr Justice V. PARTHIBAN CRIMINAL MISCELLANEOUS PETITION No.15928 & 15931 of 2018 IN CRL RC.1370/2018 V.RAJAMANI [ PETITIONER ] Vs DAMODHARAN [ RESPONDENT ] Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to suspend the sentence of 1 year Simple Imprisonment and direction to the petitioner to pay a sum of Rs.16,00,000/- as compensation to the Respondent imposed by the Learned Judicial Magistrate, Fast Track Court No.II, Magisterial Level, Coimbatore in C.C.No.447 of 2011 by Judgment dated 12.08.2016 confirmed by the Learned V Additional District and Sessions Judge, Coimbatore by Judgment dated 17.07.2018 in C.A.No.

112 of 2016, pending disposal of the above Crl.R.C.1370/2018. (CRL.M.P.NO.15928/2018) (i) To exempt the petitioner from surrendering before the Learned Judicial Magistrate, Fast Track Court No.II, Magisterial Level, Coimbatore in C.C.No.447 of 2011. (CRL.M.P.NO.15931/2018) Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.L.MOULI, Advocate for the petitioner, the court made the following order:- The sentence passed against the petitioner in C.C.No.447 of 2011 dated 12.08.2016, by the learned Judicial Magistrate, Fast Track Court No.II at Magisterial Level, Coimbatore and confirmed by the learned V Additional District and Sessions Judge, Coimbatore, in C.A.No.112 of 2016 dated 17.07.

2018, be suspended on condition that the petitioner shall deposit 50% of the compensation amount ordered by the Trial Court, within a period of four weeks from the date of receipt of a copy of this order.

2. If the deposit is not made within the time stipulated by this Court, the order of suspension of sentence shall stand automatically vacated without any further reference to this Court. https://hcservices.ecourts.gov.in/hcservices/

3. In view of the suspension of sentence, the petitioner is exempted from surrendering before the learned Judicial Magistrate, Fast Track Court No.II at Magisterial Level, Coimbatore and Crl.M.P.No.15931 of 2018 is ordered accordingly. -sd/- 29/11/2018 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 V ADDITIONAL DISTRICT AND SESSIONS JUDGE, COIMBATORE.

2 THE JUDICIAL MAGISTRATE, FAST TRACK COURT, NO.II, MAGISTERIAL LEVEL, COIMBATORE.

C.C. to M/S.L.MOULI Advocate on payment of necessary charges Order in CRL MP.15928 & 15931/2018 in CRL RC.1370/2018 Date :29/11/2018 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-05/12/2018 https://hcservices.ecourts.gov.in/hcservices/